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Glass c^// ^^i/^ ^- 
Book /X— ^-x ^ 



THE N(3RTH CAROLINA GEOLOGICAL SURVEY 

JOSEPH HYDE PRATT, State Geologist. 



Economic Paper No. 13. 



REPORT OF COMMITTEE APPOINTED BY GOVERNOR 

R. B. GLENN TO INVESTIGATE THE FISHING 

INDUSTRIES IN NORTH CAROLINA. 



COMPILED BV 



JOSEPH HYDE PRATT. 




RALEIGH : 

E. M. UzzBLL & Co., State Printers and Binders. 

1906. 



Monograph 



THE NORTH CAROLINA GEOLOGICAL SURVEY 

JOSEPH HYDE PRATT, State Geologist. 



Economic Paper No. 13. 






REPORT OF COMMHTEE APPOINTED BY GOVERNOR R. B. 
GLENN TO INVESTIGATE THE FISHING INDUS- 
TRIES IN NORTH CAROLINA. 



COMPILED BY 



JOSEPH HYDE PRATT. 




RALEIGH : 
E. M. UzzELL & Co., State Printers and Binders. 

1906. 






GEOLOGICAL BOARD. 

(ioVERN'OR r>. B. Glexx, ('■!■ ofticiti I ' lui i r iiiii n Raleii;!). 

IIkxky E. FiUES Wiiisdm-Salein. 

FllANK E. llKV, ITT Aslicville. 

High MacHae Wilmin.ulon. 

FiiAXK ^^'(K)l) Edfiitoii. 

Joseph Hyde Pratt. Slate r4eologist Cliaiicl Hill. 



LETTER OF TRANSMITTAL. 



Chapel Hill, IST. C, ISTovember 15, 1U0(J. 

To his Excellency, Hon. It. B. Glenx, 

Governor of Norlh Carolina. 

SiE : — The eonmiission which jou appointed the hitter part of 
August, 1906, to investigate the fishing industries of Xorth Carolina 
niel at ^lorehead City the third of September and spent the foUow- 
ing tive days carefully and thoroughly investigating the probhms 
relating to the fin-fish and shell-fish industries, and respectfully sub- 
mit the following report of their proceedings. In this report it is 
earnestly urged that the Legislature make provision for a Fish Com- 
mission and a Shell-fish Commission. Suggestions are also made for 
such legislation as will more thoroughly protect and increase the 
value of our fishing industries. 

The recommendations of your committee are most favoral>ly en- 
dorsed by the United States Bureau of Fisheries in a letter appended 
to this report. 

As this report will be of special interest to a large proportion of 
the ]ieople in eastern iSTorth Carolina, I respectfully recommend that 
it be published as Economic Paper ISTo. 13 of the J^orth Carolina 
Geological and Economic Survey. 

Yours obediently, 

Joseph Hyde Pkatt, 

State Geologist. 



CONTENTS. 

PAGE 

Letter of Transmittal 3 

Report of Committee on PMsheries in Nortli Carolina 7 

Personnel of Committee 7 

Organization of Committee • 7 

Resolntions Adopted liy the Committee Investigatini:- tlie I'ishing- Inchntries 

of the State 13 

■♦ 

Fin-tlsh Industries 13 

North Carolina Fish Commission 13 

Discussion of Present Fishing L uvs 15 

Vann Bill, Section 2440 • 22 

New General Laws Recommended 39 

Terrapin Industry 42 

(Jyster Industry • 44 

North Carolina Shellfish Commission 44 

Present Laws Relating to (Jysteis 47 

Catching Oysters • 52 

{ lams • 66 

Cultivation of the Oystei- and ('lam • 67 

Ceneral Shell-fish Laws 71 

Letter of Fndtnsenient 73 



REPORT OF COMMITTEE ON FISHERIES 
IN NORTH CAROLINA, 

APPOINTED BY 

GOVERNOR R. B. GLENN, CHAlkMAN OF GEOLOGICAL AND 
ECONOMIC SURVEY BOARD. 



The committee appointed by Governor U.. B. Glenn, eliairman of 
the Geological and Economic Survey Board, to investigate the lishing 
industries of the State, met at Morehead City, X. C, on the evening 
of September 3, 100(3, the following being the personnel of this com- 
mittee: J. B. Coffield, of Everetts ; T. J. Laughinghouse, of Green- 
ville ; T. li. Shepard, of Edenton ; W. A. Saunders, of Wilmington ; 
B. W. Smith, of LAlanteo; W. E. Swindell (d' Washington, X. C. ; 
W. O. Lupton, (.f Belhaven ; M. B. Gowdy, of Beaufort; W. M. Webb, 
of .Morehead City; II. E. Moore, of the U. S. Bureau of Fisheries, 
Washington, D. V. ; an<l Joseph Ilyde Pratt, State Geologist, Chapel 
Hill. 

As will be seen from the above, this committee consisted of practi- 
cal tishermen and oystcruu'n representing all sections of the eastern 
part of the State where the fisheries are of economic importance, and 
also of various branches oi these industries ; as Avell as of men versed 
in the scientific side, wh<i were able to give unbiased opinions on all 
matters under discussion. 

The meeting was called to order by Joseph Hyde Pratt, State 
Geologist, with the following remarks : 

''You are asked by his Excellency, Governor R. B. Glenn, to meet 
together to discuss questions relating to the present condition of the 
fishing industries in Xorth Car<Jina, including not only the fin-fish, 
but also the oyster, clani, terra]nn, and all that can be l)rought under 
the general head of the fishing industry of l^orth Carolina ; and also 
to suggest some measures that will bring about a change for an 
improvement in this industry. The first thing in organizing this 
committee will be the election of a permanent chairman." 

Joseph Hyde Pratt, State Geologist, was elected permanent chair- 
man and P. W. Smitli, of ^lanteo, secretary. 

In a few words the chairman stated the object of the committee's 
appointment and the line of work to be taken up. 



8 IJEPOirr OK (lO^tMlTTEK ox FISH KKI KS. 

At this meeting there was a general diseussion of the pnu-tieability 
and feasibility of the apiDointment of a Fish Connnissidn and the 
(imstion of raising revenne for the support of such a commission. 
Jt was the unanimous opinion of those present at this meeting that it 
is A'erv important and absolutely essential that a Fish Commission 
bi^ appointed by the Legislature of North Carolina and given such 
powers as will enable it to enforce all laws relating to the lishing 
industries of jSTorth Carolina. It was also the unanimous opinion 
that at least a large proportion of the revenue necessary for the 
s;ip])ort of the Fish Commission should be raised by a direct tax 
u[ion e\'ery net ihat is u^^i'^] fur tishiug in the walers of Xorth Caro- 
lina. 

Vvvy a])pro[)i'iate remarks were made u])ou these (piestioiis l)y 
JMessrs. ^Moore, Smith, Lupton, and the chairman. 

It was decided at this meeting that the sessions of the committee 
shoi'.hl b.' hcM bnlh morning ;in<l a flcniooii, au<l, if necessary, at 
night. 

The mreting adjourned at 10 P. ]\!. until 1' A. M. ou Tuesday. 

.Vt the regular sessions of the comuiittee all <_»f the ([uestions tak(Mi 
U|) were very fully and freely discussed by all the mendx'rs, and in 
nearly every instance the recommendations of this comiuittee were 
u.iuinimous. Tliere Ayere certain instances, however, which in most 
cases rehited to local (piestions, where there was a (h'cidc<l difference 
of opinion b"hveeu lhe various members and whei'e on tlic deciding 
vote tliere ■were oiu..' or two against the recommendation a-^ ]»assed. 
The connnittee worke<l hard and conscientiously to luake such recom- 
mendations as would insure a deci(h'd and lasting im])rovemeut in 
the fishing industries of the State and which would result in a large 
increase in the value of these industries to the Slate. Fach (juestioii, 
as it was taken up. was, as far as possible, discussed before the com- 
mittee as a whole; but in souie instances it was necessary to rid'er h) 
a subcommittee the draAying up of the detail(Ml snggosti(>ns, such as 
tla.sc relating t(» the Fish Comnnssiou, Shell-fish (^immission, etc. 
The w<_irb: of the subconnnitte cs was in tui'u refei-re 1 l)ack to the com- 
mittee as a Ayhoh' and ])assed u])oii. 

It was decide(l to recommend the organization of a I'isli (\)miuis- 
sion for X(trtli Caroliiui. an<l suggestions to b;- incorjiorateil into a 
l)ill ridaliu'^' in the formalion of the i^'isli ( 'onnnission were drawn u)) 
and passed unanimously by the connnittee. These suggestions and 



REPOKT OF COMMITTED ON FISHERIES. 9 



recommendations are given, together with others passed by this coiu- 
mittee, at the end of this report. As the committee have recom- 
mended so strongly the formation of a Fish Commission ;'nd feel 
confident that the same will be appointed, it did not att( nipt to 
recommend many changes in any of the laws that refer to decided 
local conditions, except where these were known to be injurious to the 
general fishing industry. 

The existing laws relating to the fish and oyster indnstries as given 
in the Kevisal of 1905 were taken np and carefully discussed ; and 
recommendations made regarding these are given at the end of this 
report. 

These discussions brought out a nearly unanimous 0})inion that 
there is over-fishing of the waters of J^orth Carolina, and, as stated 
by ]\lr. Moore of the Bureau of Fisheries, "the trouble in the decrease 
in the quantity of fish in North Carolina comes not from the pre- 
dominant evils of any particular apparatus, but from the fact that 
you have caught too many fish ; and if you catch them, whether by 
seines, gill-nets, or pound-nets, you are going to reduce them below 
the reproductive power of the fishes, and have a reduction in the 
fisheries. The question of the propagation of fish is one to which the 
Bureau has given a great deal of attention. Unfortunately, the 
United States Government can propagate the fish, but has no way of 
protecting them. jMany of the States have neglected to protect their 
fish ; in other words, they have allowed over-fishing. They have 
allowed apparatus to be used in places where it ought not to be 
placed, and our efl^orts have gone for naught. Unless some fish legis- 
lation is carried out in North Carolina, there will very likely be some 
such state of afl^airs here. To emphasize the point I make, the ques- 
tion is not so much one of particular apparatus as it is one of general 
over-fishing, and the aim of this Board should be to cut down the 
amount of apparatus fished and to restrict at all places the fishing 
season." 

Mr. Moore also further stated, in discussing Section 2435 : "The 
amount of apparatus that is fished in the State is obviously con- 
siderably greater than the fisheries of the State can support. You 
have seen the results in a decrease in the catch from year to year. 
While there is no particular reason that one locality should be per- 
mitted to fish nets and another locality be prohibited, at the same 
time there must be some restriction. T do not know what ii'eneral 



10 KEl'OUr OK COMMITTEE ON FISHERIES. 

luciisiires llu' Board will eventually take, but it should take some 
means to cut down the amount of apparatus that is used, or at least 
measures that will prevent a very gTeat extension of apparatus over 
that in use in the past year. Of course, the waters of K'orth Carolina 
cover a great area and will su|)]iori a large fishery, but they will not 
suppoi't a iishei'v that is subject to indefinite extension. Three 
thousand pound-nets and I don't know how many gill-nets — some 
million yards, perhaps — eom]i<)se a great big amount of apparatus to 
])ut down in tlie waters of this State. Xow I think that in the 
attemi)t to lu'iiig about consistency in various matters here, that 
should be consi(k'r( <L"' 

M]'. Coflield remai'ked c(.>ncerning tliis section as follows: 

"^ly idea has been, all the while, that the object of the formation 
of this committee was to suggest some legislation by which the fish 
might l)e ])rotected, the catch limited, and the fish interests fostered." 

Idle result of these discussions ()f tlie auKunit of apparatus and 
the open season foi' fishing was a nnauiuKtus passage of the following 
resolutions : 

"L'csolrctI , That it is the sense of this conuniltee that every en- 
deavor slionld be used to restrict the amount of apparatus in use for 
fishing in the lidal waters of IvTorth Carolina so that it will not 
cxcccmI tlie nuni])er nor total length in at the time of the canvass of 
the T'uited States Bureau of Fisheries in lOO('). 

" L'csolrcfL Tliat the o])en season foi' shad, lierring, sturgeon, and 
rocktish should l)e curtailed as far as possible and the laws regulating- 
same 1)e rigidly enforced." 

The discussion of Section 2440 of the Revisal of llM)."), known as 
the \^inu Bill, was vei'v deliberate, and the (piestions at issue in this 
l;»il] were \-ery carefully considered and argued by every member of 
the committee. 'Mv. Ti. W. Smith, of Manteo, Roanoke Island, who 
repi'( sented the ]yeople most seriously afiected by this bill, argued 
strenuously for more o])en ground for fishing than first allowed by 
tli(( \"ann Ifill. Tlie points raised were discussed pro and con, and the 
filial decision of the committee, which was ])assed unanimously, is 
given in the ])ages following this re])ort under Section '244:0. The 
changes r(>commended for this bill are such that the committee believe 
it will really increase the efiiciency of the bill in its protection of 
file sliad and lierrinii'. and it does at the same time liive a larger area 



REPORT OF COAIMITTEE OX FISHERIES. 11 

of lisliing ground around Eoaiioke Island and the west shore of Pam- 
lico Sound to the fishermen of Roanoke Island. 

A resolution was also passed that, in the event of the formation of 
a Pish Commission, the Pish Commissioner be requested to investi- 
gate the catching of the ''run-down" shad and see if provision can not 
be made so that these can be returned to the water alive. 

A subject that was given most serious consideration and discussed 
in the minutest detail was the cultivation of the oyster and clam in 
the waters of JN'orth Carolina. The result of the deliberations of the 
committee on this question was the recommendation of legislation 
which will throw open for cultivation certain definite areas of sea- 
bottoms in J^Iorth Carolina and provide an incontestable title to the 
holders of the bottoms. These recommendations are given at the end 
of this report under the head of Cultivation of the Oyster. This 
question was very ably discussed by jMessrs. Moore, Lupton, Gowdy, 
Webb, and the chairman. 

Another point taken up of particular importance, especially in the 
event that the legislation regarding the cultivation of the oyster and 
clam is passed, was the modification of the laws relating to the Oys- 
ter Commissioner. It was the sense of this committee that there 
should be formed a Shell-fish Commission at whose hca<l would be 
the Shell-fish Commissioner, who would have the appointment of a 
Deputy CommissioiK r and inspectors ; and that the organization of 
this commission should be along similar Hues as that of the Fish 
Commission. Such recommendations for legislation leading to the 
formation of the Shell-fish Commission are given at the end of this 
report and represent amendments to Sections 2398, 24-03, 2404, 2405, 
240G, 2407, and 2422. These reeommeudatious were passed unani- 
mously by the committee, as were also all the recommendations 
regarding amendments to the present laws. 

The work of the oyster inspectors was discussed, and it was brought 
out quite clearly tlmt their work was not satisfactory. Under the 
present conditions there is an inspector at every packing-house, which 
is a heavy burden upon the oyster fund, and especially when the 
oysters brought in are not thoroughly inspected and the unculled, 
according to law, rejected. A remedy has been suggested, as gi^•en 
under Section 2393, which the committee believe will gi'eatly reduce 
the number of inspectors that will be required to enforce the laws 
relating to ovsters and clams. 



12 IJEl'OKT OF COMMITTEE OK FISHERIES. 

The following special resolutions were passed by the committee : 

That the State shall exercise exclusive jurisdiction and control 
o\er all the shell iisheries of the State, whether these lisheries be fur 
oysters, clams, scallops, or other mollusca. 

That the Shell-iish Commissioner shall be given jurisdiction over 
all tlic waters of the State as regards oysters, clams, scallops, and 
other mollusca. 

That in case the provisions relating to the cultivation of the oysters 
presented in this report should fail of passage, no restrictions be pro- 
posed in regard to the shipment of shell oysters out of the State. 

A motion was nuide and passed unanimously expressing the appre- 
ciation of the committee to Dr. H. F. Moore, of the United States 
Bureau of Fisheries, for his efficient services, which have been of 
inestimable value to the committee in their deliberations ; and to 
Dr. R. E. Coker for his interest and assistance in the work of the 
committee on questions relating to oyster cultivation. 

The committee adjourned sine die, at noon of Friday, Septem- 
ber 9, i;»oo. 

JosErn Hyde Pratt, 

Chairnian. 

Pv. W. Smith, 

Sccrefari/. 



RESOLUTIONS ADOPTED BY THE COMMITTEE INVESTI- 
GATING THE FISHING INDUSTRIES OF THE STATE. 



FIN-FISH INDUSTRIES. 

In taking up the discussion of the iin-tisli industries of North Caro- 
lina, it was the unanimous opinion of the committee that in order 
to protect the fishes of jSTorth Carolina and to derive the benefit 
desired from the laws passed relating to the fin-fish, it is essential 
and necessary that a Fish Commission be organized and appointed 
by the Legislature which shall have power to enforce the laws and 
keep in close touch with the various fishing industries and problems 
throughout the entire year. The committee unanimously recom- 
mend the organization of a Fish Commission according to the fol- 
lowing : 

L North Carolina Fish Commission. The Fish Commission shall, 

excej^t as in this act otherwise provided, consist of a single Commis- 
sioner. He shall be appointed by the Governor by and with the 
advice and consent of the Senate within thirty days after the passage 
of this act. He shall be responsible for the carrying out of the duties 
of his office to the Geological and Economic Survey Board and shall 
make semi-annual reports to them. The term of office of such Com- 
missioner and his successors in office shall be four years, or until their 
successors are appointed and qualified, and in case of vacancy in the 
office, the appointment shall be to fill the vacancy. The said Com- 
missioner shall appoint a Deputy Commissioner. During the absence 
or inability to act of the Commissioner, the Deputy Commissioner 
shall have and exercise all the powers of the Commissioner. The 
Commissioner and Deputy Commissioner shall each execute and file 
with tlie Secretary of State a bond to the people of the State in 
the sum of seven thousand and five thousand dollars respectively, with 
sureties to be approved by the Secretary of State, conditioned for the 
faithful performance of their duties and to account for and pay over 
pursuant to law all moneys received by them in their office. The Fish 
Commissioner shall take and subscribe an oath to support the Consti- 
tution and for the faithful performance of the duties of his oflice, 
which oath shall be filed with the bond. The Deputy Commissioner 
may be removed for cause by the Commissioner, who may appoint his 
successor. 



14 UErOKT OF CO-\I.MITJEE OX riiSilKl.'IES. 

inspectors or deputies. The Eish CummissioiRT shall apixiint 
inspectors (or dejJiities) in each comity of the atl"ecte<l territory, wlio 
will assist him at whatever time he may need their ser\'ices. The 
said inspector may he the Sheriff or his deputy in said county and 
shall serve nnder the direction of the Commissioner, receiving com- 
pensation not to exceed three ilollars ]ier day and necessary ex])enses 
Avhile in actual service. 

Office and clerical force. The Tish Commissioner shall have an 
office in some town conveniently located to the maritime fisheries, and 
he is anthorizerl to em]doy such clerks as may be necessary for the 
proper carrying' on of the work of his office. 

Equipment. The Fish Commissioner is authorized by and with 
the consent oi the (Jeological and Economic vSnrvey ]]oard to purchase 
or rent such boats, nets, and other e(pii]>ment as may l)e necessary to 
enable him and his de])iities Id carry out the <liUies of his office, as 
sjieeitied in this act. 

Duties. The Fish Commissioner shall have charge of the enforce- 
ment of all ac(s relating to the lish and fisheries of North Carolina, 
except those relating to oysters, clams, scallo])s, and other molliisca ; 
he shall collect and compile statistics showing the annual ]>roduct of 
the fisheries of the State otherwise than those specified above ; of the 
capital invested and the apparatus employed; he shall ])re|)are and 
have on file in his office maps based on the charts of the United States 
Coast and Geodetic Survey of the largest scale' published, showing as 
closely as may be the location of all fixed apparatus employed during 
each fishing season; he shall have surveyed and marked in a promi- 
nent manner those areas of the waters of the Si ate in which the use 
of any or all fishing appliances are prohibit e(l by law; he shall be 
responsible for the collection of all license fees, taxes, fines, or other 
imposts upon fisheries and shall receive all hues imposed for the 
infraction of the fishery laws, and shall pay same into the State 
Treasury to the credit of the Fish Commission fund to be drawn 
up(ai as directed by the Geological and Economic Survey Boar<l ; he 
shall carry on investigations relating to the migrations ::nd habits 
of the fish in the w\aters of the State, and for this pur])ose he may 
emjiloy such scientific assistants as may be authorized by the Geolog- 
icid and Economic Survev Board. 



REPORT OF CO.^[MlTTKE OX FIs: UEETES. 1.) 

Arrests without warrant, when and how made. The Fish Com- 

iiiissioner, Dc})utv Commissioner, and inspectors shall have power, 
with or without warrants, to arrest any person violating' any of the 
fishery laws. 

Power to take fish. The Fish Commissioner and tlie United 
States ]Jiireaii of Fisheries may take and cause to be taken for 
scientific pur])Oses, or for fish culture, any fish or other marine organ- 
isms at any time from the waters of North Carolina, any law t<^ the 
contrary m )twithstanding'. 

Salaries. The salary of the FTsh Commissioner shall ])e Hfteen 
huudre(l dollars per year and the expenses necessarily incurred by 
him in the diseharge of his duties; that of the Deputy Commissioner 
shall be nine hundred dollars per year an<l tlic expenses necessarily 
incurred by him in the discharge of his duties. The salaries of clerks 
and of scientific assistants which may l)e cmitloyed from tinu^ to time 
are t(i be fixed by the Geological and Economic Survey Board. 

Mo interest in fisheries. The Fish Commissiouer, Dei)uty Com- 
missioner, and inspectors shall not be interested in any fishing indus- 
try in Xortli Carolina. 

Revenue. All license fees, taxes, fines, or other imposts uijon the 
fisheries or fines ini})osed for infraction of the fishery laws in what- 
ever manner collected, shall be paid to the State Treasurer to the 
credit of the Fish Commission fund to be drawn upon as directed by 
the Geological and Economic Survey Board, and shall constitute the 
revenue of the Fish Commission. 

DISCUSSION OF PRESENT FISHING LAWS. 

The present fishing laws as they stand on the statute-book of th(! 
Revisal of l'J05 were taken up and each one revicAved carefully by 
the committee, wdio report their opinion regarding them in the fol- 
lowing resolutions : 

That section 

2424. Croatan marshes. If miy iieisoii. tm- liic |)mpose of takiiiLr ^ss^'- shall 
between the first day of F.'lniiary and tlie first day of ^lay, of the same year, 
use or cause to he used, at or within half a mile of the luarshes separating the 
waters of Croatan and Pamlico sounds, any weir, hedyv, net or seine, he shall 
be guilty of a misdemeanor. 

Code, s. .-JSTS; R. C. c. SI, -. 4: 1844, c. 40, s. :!. 

remain as it is. 



lb KEPOKT OF COMMITTEE ON FlSHEKIES. 

That section 

2425. Masonboro and Myrtle Grove sounds. If anv person sliall use any 
pykeneis or set down seines, or place any fish-trap for tlie purpose of eatchin<r 
fish in the waters of Masonljoro and MyrtU' filrovc sounds in New Hanover 
County, he sliall he guilty of a misdemeanor, and fined not more than fifty dollars 
or imprisoned not more than twenty days. 

Code, s. 3421; 1883, e. 288, ss. 1, 2. 

remain as it is. 

That section 

2427. Lay days for Pamlico River. If any person, from the fifteenth day 
of Fehruary to the tenth day of May of every year, fiom twelve o'clock meridian 
of Saturday until sunrise Monday nidiiiino- (if each week. >hall fish any seine, 
set-net, drift-net, or any other net df any name or kind whatevei', in the waters 
of Pamlico or Tar rivers and trihutaries, except tiow or skim nets, he shall be 
guilty of a misdemeanor. 

Code, s. 341G; ISS:!, c. 137. s. 3. 

be repealed, only two of the connnittee being opposed to this. Under 
new legislation, a general law is suggested prohibiting the hauling, 
raising, shooting of any nets from twelve o'clock midnight of Satur- 
day until twelve o'clock midnight Sunda_y. 
That section 

2428. Fishing dutch-nets in Pamlico and Tar rivers. If any person shall 
set down or fish any dutch, pcd. pyke, or pound net, or net of like kind, in the 
waters of Pamlico or Tar rivers or their trihutaries, except in the mannei', and 
in the part, and during the time, \\hich such nets are hy law allowed to be 
fished, he shall be guilty of a misdemeanor, and shall be fined not less than fifty 
dollars nor more than one hundred dollars, and shall be imprisoned in the county 
jail not less than thirty and not more than sixty days. 

Code, s. 3417; 1903, c. 52. 

remain as it is. 
That section 

2429. Dutch-nets in Pamlico River. It. shall be lawful to fish with dutch, 
pod, ]»yke, or other pound nets, or nets of like kind, in the waters of Pamlico 
River below a line beginning on the southern shore of Pamlico River at Maule's 
Point, and running due north to a jtoint on tlii> norther]i shore of said river: 
Provided, that no dutch, pod, pyke, or pound net, or other net of like kind, shall 
extend out in said river more than one-eighth of the distance acioss said river 
from the shore, and that none of said dutch, pod. ]iyke, or pound nets shall be 
set, placed down, or fished nearer to each other tlian five hundred yards, measur- 
ing up and down the river; nor shall they be pl.iccd, set down, or fished Avithin 
five hundred yards of any seine-beach in actual use for hauling a seine', nor 
within one mile (d" the mouth of P)ath Creek: Proridrd, no nets of the kind 



EEPOKT OF CO:\r^riTTEE ON FISIIEIMES. Li 

enumerated in this section, or other nets <]f like kind, sliall lie jilaeed down, set, 
or lished in said rivers between the tenth day of ]\[ay and the i\v>i day of July 
in any yein'- ^^ henever any jierson sliall eoniph'in to the Oyster (Jonnnissioner 
or any inspector that dutch, pod. or pyke nets, or otlier nets of like kind, haye 
been placed do\^ni or set in any of the waters of Pamlico River, or in any of its 
tributaries, contrary to and in violation of this section, said Oyster Commissioner 
or inspector, or person performing the duties of sucli, shall at once visit said 
rixer, make a complete and full examination of all dutch, pod. or pyk" nets, or 
other nets of like kinds, in said I'iver. and ascei-tain whether they ::re jdaced down, 
set, or fished in yiolalion of the ])idvisions of this section, and he shall report to 
the Solicitor of the district in which the otlense is coinmitted. 
Code, s. 8417: UHVA. c. .IJ. 

remain as it is, with the exception that the words "Oyster (Commis- 
sioner"' sliall he ehaniied to "Fish (\)mniissioner," jirovide*! tlic Fish 
(^jmmission act creating' the F'ish Commissioner is ]>asse<l liy the 
Legislature; and that "tenth day of May" shall read "hrst day of 
May." 

That section 

2430. Dutch-nets in Currituck Sound, if any firm, company, or corporation 
shall operate or cause to be ojierated in the waters of Currituck County, or be 
interested in (in any manner whatsoexcr) more than six pound or dutch icts. or 
use more than one hundred yards ef hedoing tO' a net, or set a stuid (d" such nets 
exceeding eight lumdred yards in length from land to the extreme outward end; 
or if any person shall set any ]H)uud or dutch nets to the east of the center of 
Currituck Sound, except that irart frnm the west point of ^Nlackey's Island north 
of the Virginia line: or if any pers<ui shall leave any landing or anclnnage before 
sunrise for the purpose of fishing in Currituck Sound or tributaries, or shall 
continue to fish after dark, he shall b(> guilty of a misdemeanor and be fined not 
less than twenty-five nor more than fifty dollars. This section shall not jirohibit 
fishing after dark in that part of said sound west of a line beginning at the 
north point of Bell's Island, thence ncndh not iiKire than one thousand yards 
from the mainland to the mouth or entrance of Tull's ('reek, nor night fishing 
between the thirty-first day of INIarch and the twentietli day of October five 
hundred yards from the shore from Martin's Point to Kitty's TTawk l^ay. 

1905, c. 273, ss. 3-7. 

remain as it is. 

That section 

2431. Shipping or selling fish, Currituck County. If any jierson shall catch 
or capture any fisli with nets or other apidiances in the waters of Currituck 
County between the thirty-lirst day of March and the twentieth day of October 
of each year, or shall sell or ship out of the county or State any fresh fish 
between said dates: or if any person shall bi' found with more than twenty-five 
pounds of fresh-water fish in his possession between the thirty-first day of 
March and the twentieth day of Octoljer of each year — herrings, mullets, shad. 



18 REPORT OF COMMITTEE ON FISHERIES. 

and eels excepted; or if any person sliall in said county catch eels for market 
between the tliirtieth day of April and the twentieth day of Oetol)er following 
in each year, he shall be guilty of a misdemeanor and be fined not more than 
fifty dollars and not less than twenty-five dollars. Any citizen may catch not 
to exceed twenty-five pounds at any time for ho-tne consumption, and sell or give 
not more than ten pounds to any one person in one day. 
1905, c. 273, s. 1. 

remain as it is. 

That section 

2432. Game warden's right to search vessels. If any constable, game 
warden or justice of tiic peaci' of ('ui-rituek County sjiall be infmnied, or have 
cause to suspect, that I'ither of the two preceding sections are being violated, he 
is hereby authorized ami empowered to examine the contents of any fishing-boat, 
or packages in transit, and any person or eomr.ion carrier refusing lo exhibit 
the contents of any lishing-boat (U- i)aekage to sncli oiHcer shall be gu.ilty of a 
misdemeanor, and shall be fined not less than twenty-five and not more than 
fifty dollars. 

1!)0.5, c. -27;!, ss. 2, 7. 

remain as it is. 
That section 

2433. Direction of nets in Pamlico Sound. Every net (unless the same be 
a drag-net and hauled to the shore) which may l)e used for catching; shad in 
that portion of the \\aters of Pamlico Sfjund lying ])etween a line drawn east- 
wardly from Stumpy I'oint and Mount Pleasant in llyile County to a point ten 
miles south of llatteras Inlet in said sound, shall be set and fixed in said 
waters, in a direction from north to soutli. and sliall not be used in any other 
manner; and any person offending against this section shall, for every offense, 
forfeit five tlollars. 

Code, s. 3381; 1SS9, c. 261 : P. C, c. 81, s. 7; IS44. c. 40, s. 0. 

l)e repealed. 
That section 

2434. In Carteret County. If any ]ii ison shall catcli mullets in the waters 
of Carteret County with a seine or net having a mesli of less than one and 
one-eighth incli ; nv if any person sliall in llie waters of Caiteret County, except 
in Neuse River, use for the purpose of catching fish, except menhaden or fatbacks, 
any seine or net more than two hundred :iud seventy-live yai'ds long; or shall 
join two or more nets together in said counly so that the lengtli thereof shall 
be more than two hundred and twenty-five yards, he shall be guilty of a misde- 
meanor and fined not more than fifty dollars or imprisoned not more than thirty 
days. And any ]>erson using a net exceeding the length allowed liy this section 



EEPORT OF COMMITTEE OX FISHERIES. 11) 

shall forfeit said net, one-half thereof to go to the informer, the other half to 
the sehool fund. 

1895, c. 25; 1903, e. 508. 

be amended so that the clause ''and fined not more more than fifty 
dollars and imprisoned not more than thirty days" shall read "and 
fined not less than fifty dollars nor more than one hundred dollars, or 
imprisoned not less than thirty nor more than sixty days" ; and that 
"school fund" shall read '"Fish Commission fund." 

That section 

2435. Dutch-nets in Carteret County. If any person shall use or cause to 
be used any duteh-net. pound-net, or otlier stationary trap, net, or seine of similar 
description, by whatever name known, in the waters of Carteret County for the 
purpose of taking fish therefrom, he shall for each day's use thereof forfeit and 
pay the sum of fifty dollars. The penalties herein created shall be recovered by 
a warrant before any justice of the peace in the county of Carteret, and shall be 
applied to the use of the public schools of said county: and such offender, in 
addition to the penalties contained in this section, shall be guilty of a misde- 
meanor and fined not less than one hundred dollars- nor more than five hundred 
dollars, or imprisoned in the county jail not less than six montlis nor more 
than twelve months: I'roridcd, this section shall not apply to tlie odinaiy 
set-nets heretofore in use in the waters of said county. 

Code, s. 3420; 1883, c. 199. 

be amended so as to read, ''If any person shall use or cause to be used 
any dutch-net, pound-net, or other stationary trap, net, or seine of 
similar description, by whatever name known, in the waters of Car- 
teret County for the purpose of taking fish therefrom, he shall for 
each day's use thereof forfeit and pay the sum of fifty dollars, 
excepting from Point of Marsh on south side of Xeuse River and run- 
ning westwardly to Adam's Creek and extending out to a distance of 
one thousand yards from the shore: Provided, that in no case shall 
the distance the nets extend out into the water be greater than one- 
eighth of the width of the river : Provided further, that the nets 
shall be one-half mile apart. The penalties herein created * * '" " 
to read the same as original section, except that '"applied to the use 
of the public school fund of said county'' shall be changed to read, 
"applied to Fish Commission fund." 

That section 

2436. Obstructions in Carteret County. If any person shall obstruct any 
navigable water or passageway for fish in Carteret County by placing bushes, 
liosts, or any stationary material or fixtures in such a manner as to prevent the 
free passage of fish, he shall be guilty of a misdemeanor and fined not less than 
one hundred dollars. Nothing in this section shall be construed to prohibit any 



20 EEPOKT OF COjMMITTEE OX FISJIKUIES. 

pcrsdii tiimi iisidl;- a lawful not or seine in any \\:iy or manner except as a stop- 
net (ir scinr. This sectidn shall not apply to any net that the ii>li ean jia-s freely 
by one end. 
1!)0;!. .-. .")-J(l. 

re'iiiniii us it is. 
That section 

2437. Mullets in Carteret. If any person shall tish for or eatcli any mullets 
with any purse-seine or i>urse-net in any waters within the limits of Carteret 
('ounty. extemlint;- to the extreme limits of the State's jni-isdietion in and o\'cr 
su(di waters, he shall lie tiuilty of a misdemeanor and he lined not less than five 
hundred dollars or imprisoned not less than one year. ]*'or the purposes of this 
seetion the fidlowiuL;- lioundaries aie hi'ii liy declared to he the lioundaries to Avliich 
the waters of said county extend, 1o-wit: A distance of I'iree nautical miles, 
ineasureil from the outer beach oi- shores of ('arteret ('ounty. out and into the 
waters (.)f the Atlantii' (Jcean : and any ])or'tions of any water within a distance 
of thice miles from said waters of the Athmtic (Jcean to any beach or shore of 
said county shall l)e deemed the waters of said county for the purposes of this 
sect ion. 

lltOM. c. M:]-. IIIO."). cc. -274. 50S. 

iTiiiaiti as it is. 
That section 

2438. Menhaden fishing. If any jierson sliall catch any menhaden or fat backs 
within the waters of tlie State of North Carcdina. to the extreme limits of the 
State's iurisdictiori in and over siu-h waters in any ])urse -net or jmrse seine with 
a bar <if less than oui' ineli and witli a mesh of h'ss than two inches, or shall 
knowin^h' cook or nninufaetnre foi- fei'tilizer any menhaden or fatback's canyht in 
any net oi- seine having- bars of less than one inch or havine- meshes of less than 
two in(dies, at any ])lace within the State of Xnitli Carolina, he shall be g'uilty 
of a misdemeancu', and for each and e\erv olVense shall be tine(l not less than five 
hundred d(dlars or imjirisoned for one yeai-, or both, in the disci-etion of the 
Court. I''(jr the pui'poscs of tliis seetion the foHowini;- boundaries are hereby 
(le(dare(l to be the boundaries to which the waters .d' the said State extend, 
io-wil : A distance of three nautical miles, nn'asured fidin the outer ln'ach <n- 
shores of the State of North Carolina, out a.nd into the waters of the Atlantic 
Ocean: and any jxirtions of any water within a distance of three miles from 
said walei-s of the Atlantic Ocean to any beach or shore of said State shall be 
deemed within the waters of said State for the i)nr]ioses of this section. This 
section shall not a]iply to the counties of Dare. Brunswick. Pender, and New 
Hanover. iMcry ])eison found tishine- f(U- menhailen ov falliaeks within three 
miles n{ the shore of any county, except the ciuinties of llrunswick. New llanovei-. 
and i'ender. shall be presumed to have vi(dated this s, cth)n. And all sueh 
pers.ins, linns, or c.Dporat ions shall be subject to all the jiains and penalties 
dtMiounced in tins section, and they nniy be prosecaited in the c((urts of any 



KEPORT OF CO.M^[ITTEE ON FISHEiaES. 21 

eovinty in this State. All persons aiding and al)etting sliall be guilty as prin- 
cipals. 

1905, cc. 274, 508. 

remain as it is. 

That section 

2439. Dutch-nets in Albemarle Sound and Its tributaries. Ko person sliall 
set or fish any dutch-net or pound-net in lioanoke River, Casliie or ^liddle and 
Eastniost rivers, (_)r williin t\\i> miles of the nioutli of said ri\i'is. or witliin one 
mile of the mouth of any other ri\er emptying into Allx'iiiarle Sound, of less tlian 
two miles in widlli at its moutli, and any sueli net s( t within <'.ne mile of the 
mouth of any other ri\-er eiupiying into said sound shall not extend into the 
main channel at its mouth. No' i)erson shall set or fish with a dnteh-net or 
pod-net within half a mile to the eastward or westward of Die outside ^■,•indlasses 
or snatch-l)loeks of any seint'-fisjierv in operation on siid sound: and anv such 
net set or fished \\-ithin one mile of such windlasses or snateh-ldoi'ks of any 
seine-fisheiy in operation shall run in a due north and south course from the 
shore, and shall not extend further into the sound from the water's edge than 
the distance from such windlass or snateh-bloeks to tiu' line of such net; and 
all persons who shall set or fish any such net .in said sound shall pull tip and 
remove the stakes used for the same by the first day of June next succeeding 
the fishing season, and if any jierson shall set or fish any dutch-net or ]iod-net in 
said sound in violation of this section, he shall be guilty of a misdemeanor, and 
be subject to a penalty of three Inuulred dollars, to be i-ecovered by any j^erson 
in the Superior Court of the county in which the otl'ense shall b(> conunitted. 
And the Sheriff of such county shall, when requested, remove any jiortion of such 
nets set or fished in violation of this section at the cost of the violator: I'rorulrd, 
that dutch-nets may lie used in Casliie Eiver two and one-half mih's from its 
mouth, if they do not extend more than one-third the width of said ii\cr from the 
shore, and such nets may be along the sound shore on the Bertie County >ide 
ix'tween tlie following ]>oints along said shore, to-^^ it : commencing at the mouth 
of Cherry Tree Cut branch, Kentrock tiehl and Landing field, and running 
around the shore to the mouth of ^Morgan swam]i, thence to llock Spring lirauch. 
and that any nets set or fished within that line shall not extend from the shore 
in any direction a greater distance than four hundred and fifty yards miMsured 
at high water, and within this distance of four hundred and fifty yards is to 
be included the nets, hedges and all parts thereof. 

Code, s. :}3S3: ISSO. c. Ill: 1S!»1, c. :M1-. ISO,-,, c. 245; IS'i!). c. :!10; 1S90. c. 412. 

be ameiided as follows: In line 13, "in a due north and south eonrse" 
ehanii"e to read "at riiilit-anules to the shore": in Ww IT, "remove the 
stakes nsed for the same by tlie first day of Jnne next sncceeding' the 
fishinc season" to read "remove all broken, decayed, and abandoned 
stakes by the first day of i\Iay of eacli year" ; and fiirlln r in lines 21 
to 2"), be<»'inning "to be recovered" and endinc; "of tlie viohitor," shall 
JxLomitted if the Fish Commission act is passe<L 



ERRATA. 

On page 21. in last paragrai)h, reference to lines i;5, 17, 21 
liould read lines 11, 15, IS and 21 respectively. 



22 REPORT OF COMMITTEE ON FISHERIES. 

That section 

2440. Dutch-nets in Pamlico and Albemarle sounds. If any person shall 
set nr tisli any ncl. scini'. (ir ajiiiliance cf an\- kind tor calcliini;- fisli at any place 
uitiiin a railins nf two and (iiir lialf miles citlier way from lloanoke ^Marshes 
liil'htlimise at a distance nmi'e than fi\e hundred yards from tlic shore of Koanoke 
Island or the mainland on the western side et Croatan and Pamlico sounds; or 
shall set <pr tlsh any ])ound or duieh net >>n the eastern 'dde of Pamlico Sound 
within ten mih's id' the Poaneke Marslies lig-htliouse, except sneh as shall be 
fislied within live hiuidred yarils of the Ivoanoke Island nr Hot;: Island shores; 
tir shall set or lish any dutch or pound net on the eastern side of Pandico Sound 
UKire tlian two thousand yards west (d' a line ruunint;- sduth-seutlumst from P>ig- 
Island to pTilkhead or slioal west of t'hicaniacomii'o or south oi said point nioi'e 
than two thousand yards from the shoals as marked on the L'nited States Govern- 
ment chart made from data obtaiiu-d to Xmemher twenty-second, one thousand 
nine hundred and four: or shall set or lish any duteh or j^ound net on the west 
sich; oi Pamlico Souiiil in said sound extendini^ into the water more than two 
thousand yards fj-om the shore ^)i the mainland: or shall set or tisli any jxiund 
or dutch net in Ci'oatan Sound further from the shore llian one-fifth the width 
of said s(]und at that point : or shall set or fish any jiouiid or dutch net in the 
.Klliemarlo Sound moi'e than two thousaml yards from the shore of the mainland, 
or in Chowan Piiver further from' shore than one-third the width of said river at 
place wheie said nets are fished or set. or witliin one-fourtli mile of any wharf 
Used hy a steamer on said river: or shall set or lish any eet or ajiplianco of any 
kinil foi- catcliini;- li-^h within one mile on north or soutli side (d' a line live miles 
lonii' ruiuiinL;- west from ceiitei- of New Inlet or Oregon Inlet, or on north or 
south side of a line live miles loni;' running northwest fiom center of Hatteras 
lidet. he shall he guilty of a misdenu'auor and lie lined or imprisoned, in the 
discretion of the Court. The provisions of this section shall apjily only to that 
part of each year heginning .lanuary lifteeidh and ending May fifteenth. The 
plaee of trial for (ill'ensc> under this section ^liall he the county opposite wdiere 
the act was committed. It shall he the duty of the Oyster ( 'omniissioner or 
Assistant <.)yster ( ouunissioner. wliene\-er an atlidavil is ile!i\-ered to him stating 
that the alliant is infoi-mcd and lielieves that tliis ,-,eet ion is lieing violated at any 
]iarti(adar ]ilace. to go himsidf or send a deputy to >uch place, investigate same, 
and he shall sei/e and I'emove all nets or otlici- ap]dianccs setting or being Tised 
in \iolatioii of this section, sell sanie at pulilic auetion and apply proceeds of sale 
to jiayiiient of ei,-t and expenses of stieh remowil, and pay any balance remaining 
to the school fund of county nearest f<i wliere oll'ense is eonimitted. 



be aiiiciided so as to read as follows: 

Dutch and other nets in Pamlico and Albemarle sounds and con- 
tiguous waters, if any person shall set or fish any lud, seine or ap])!!- 
aiice of any kind for catching fish at any pdace within a i-adiiis of two 
and onedialf miles either way from Roanoke Marshes liglitlionse at a 
distance more than five hundred yards from the sliore of Roanoke 
Ishtnd or the mainland on the western side of Croat an and Pandico 
sounds, c.vcri)! fhaf on. fJie wcslcni side of Pamhco (iitd Ci-oaiaii 



REPOKT OF CO]\rMITTEE ON FISIIEKIES. ^O 

sounds fishing shall he permitted in that terrUonj extending one 
thousand yards from tlie sliore beginning at (tie tiro and ona-lialf 
mile limit heretofore defined and extending to the soutliern end of the 
lioanolce Marshes on the Pamlico Sound side and to the nortli end of 
the same marshes on the Croatan side, hut in neither case stiall the 
nets within this one-tliousand-yard limit he ivithin one and one- 
quarter miles in any direction from the Boanol-e marshes lightliouse ; 
or shall set or fish any pound or dutch net on the eastern side of Pam- 
lico Sound within ten miles of the Roanoke Marshes lighthouse, 
except such as shall be fished within one thousand yards of the 
Roanoke Island or Hog Island shores ; or shall set or fish any dutch 
or pound net on the eastern side of Pamlico Sound more than two 
thousand yards west of a line running south-southeast ( magnetic) 
from Big Island to a point on tlie twelve-foot curve westerly of C-hica- 
macomico, or south of said point more than two thousand yards from 
tlie twelve-foot curve as marked on the eliart of the Coast and Geodetic 
Survey corrected from data obtained to Xovember 22, 11)04; or shall 
set or fish any dutch or pound net on the west side of Pamlico Sound 
in said sound extending into the water more than two thousand yards 
from the shore of the mainland ; or shall set or fish any poimd or 
dutch net in Croatan Sound further from the shore than one-fifth of 
the width of said sound at that point; or shall set or Hsh any net, 
seine, or appliance of any kind for catching fish at any place within 
the area of one-fifth the width of the sound or river on cither side 
of a line passing through the m iddle of Croatan and All>emarle sounds 
up Chowan River and other tributaries of Albemarle Sound ; or shall 
set or fish any pound or dutch net in the All>emarle Sound more than 
two thousand yards from the shore of the mainland or in Chowan 
River further from the shore than one-fourth of the width of said 
river at the place where said nets are fished or set or within one- 
fourth mile of any wharf used by a steamer on said river ; or shall 
set or fish any net or appliance of any kind for catching fish within 
one mile on either side of a line running westerly or southwesterly 
from ilie center of New Inlet to a)i intersection iritJi. tlie line extend- 
ing from Big Island southeast {magnetic) or within one mile 07i 
either side of a line running 'westerly or soutliiresterly from the 
center of Oregon Inlet to a point two thousand yards west of the 
continuation of tlie said line running from Big Island soutti-souftieast 
( magnefic) or witttin- one mile on either side of a line six miles long 



:24 JJKPOliT OF COM.MITTKK ON FISIIKU'IES. 

■ruiiiiuKi from /lie ccnlcr of Haiicras Iii/cl lliroiu/li (tiid hci/oiij Jlrit- 
Iciuts fii/cl //(//lilioiisr. flicsc rcslncfrd areas lo nu'htdc tin- channels 
exIeial'uKi front (Ireijoit. Xeir, and IlaUeras nilels respeetlrel ij . he 
slijill 1)1' uiiiliv nf a luisdeineaiior and be lined not less than tiftv ( TiO) 
dollars (»r iniju'isoned not less than thirty davs, in the discretion of 
the ('<iiirt. The ])rovisions of this section shall apply only to that 
part of each year in which shad (Did herrnuj /ishin;/ are /lerinll/ed hij 
laie in /he sereral iraleis. The place of trial for <itfenscs nndcr this 
section shall he the county op})osite where tln' act was coniniilted. 

That section 

2441. Perquimans River. If any jicrsou sliall lish with any sciiu'. or set any 
duti'li-nct (ir lirct^c witliin cnc mile nf a sti'ai^lit line (•(inmicncinu' at Stcjiheiisdn's 
I'oint cir the ndi'tli side of Perciuinians IIInti- an-l ninninu' in a soiithwf'slcrly 
(lireftidii (o tlic ncai-cst jKiin) of land on tlic >(intli side dl said vivcr knov. n as 
Belii'vadc liiult. r.v sliail liaul any seine or set any dn(e!i-ne1 nr .illier kind id' net 
s!i' as t(i extend lieycind tlie middle (d' said ri\cr at any point thereof, lie shall be 
yiiiity of a niisdenie.unu-. 

lS'.i:i, e. 147. ss. 1. 2. 4. 

remain as it is. 

That section 

2442. Pasquotank County. If any jterson shall set any pyke or jxinnd net 
ill l'as(jnottink Kiver aiioxe the town oi t^li/.alieth ('ity, or shall haul or lish 
with a. draii-net. or set a poni.d-net in I'.i-- llatl-y Creek, or Idtlle Hatley Creek. 
within two hiindreil yards of the mouth id' eilher if said creeks, he shall he 
guilty of a misdenieanoi- and he lined not exeeedinu' lifl.\ dollars or imprison.ed 
not exeeeiling thirty days. 

IS!!."), e. :!,S!); I'.ll):!. e. 4!t7. 

remain as it is. 

Idiat section 

2443. Obstructions in Little River. If any pia'son shill place any oh-truc- 
lion in Idltle h'iver. ilixiding tlie cnuuties of I'a-qj'ot i nk and l'er(|:iiinans. and 
alhiw il !o reinani for a longer tinu' than ten d lys. he sliall he guilty cf a misde- 
meanor. and lined noi less than live dollars nor more Ihan len dollar-: I'loriiJcil . 
nolhiiiu' in this section sliall h' so condrui'd as to jMohiliil citi/:')w from fishing 
with dip lals in said rivei' during the months of .March aial .\|iiil in each year. 

Code. s. ;;-!nil: ISSl. c IS. 

r( main as it is. 
That seed ion 

2444. Fish offal not thrown in navigable waters, if any perscn shall thidw. 
or cause to he ihrown. into the ehainud of anv of the ni\igahlc waters of the 



REPORT OF C0MMIT'J;EE ON FISIIEUIES. 25 

State, any ti.sli otTal. in any (pianlity that sliall l>c likely to hinder or prevent 
the passage of tish along snch diannel, or if any person sliall throw or cause to 
be thrown into the waters kndwn as the Frying Pan, tributary to the Great 
Alligator River in Tyrrell (ounly, any tish oft'al in any quantities wiiatsoever, 
he shall be guilty of a inisdcnieancu'. 
Code, ss. 3380. 338!). 3407. 

remain as it is. 

That section 

2445. Scuppernong River. If any person shall set any kind of a fish weir 
or pod-net, gill-net. or net of any kind in the Scuppernong River using more than 
one-half of tlu' channel of said river, or within one hundred yards of the public 
biidges at t'olunibia and the Cidss landing, crossing said rivei-. he shall be guilty 
of a nnsilenieanor, and lined a sum not to exceed fifty dollars, or imprisone<l not 
to exceed thirty days: I'lariiliil. tiiis section shall not ajjply to the hauling of 
seines. 

Code, s. 3408; lS8.'i. c. 18; 1!M)3. c. !)1. 

!•( main as it is. 
That section 

2446. Drift-nets in the sounds. If any person shall diift or fish any drift- 
nets between the first day (d' February and the first day of May of any year. 
within two miles of the mouth of any river emptying into Albennirle Sound, or 
within three miles of any seine-beach on the Albemarle or Croatan soun<ls while 
being fished, or witliin ten miles of Ocracoke, Hatteras, Oi-egon, or New inlets, 
or within ten miles of the Roauojce ^larshes. he shall bo guilty of a misdemeanor, 
and be fined not less than fifty dollars or im]u-isoned not less than thirty days: 
Provided, the people of Dare County shall be allowed to use drift-nets for herring. 

Code, s. 339G; 1881. c. 274, ss. 1, 2; 1883. c. 145. 

r( main as it is. 
That section 

2447. Frying Pan Creek, Tyrrell County. If any ])eison shall fish any 
])(aind-iiet. gill-net, seine, or nets of any kind in Alligator liixcr within one mile 
of the mouth (if Frying I'an Cieek in Tyrrell ( 'ounty, or shall set any weir or 
fish net of any kind or any other <jbstruction tluit jnevents the passage of fish in 
said creek from its mnuth to darmin's Point, at the two pines and low cypress, 
he shall be guilty of a misdemeanor. 

18S!). c. ]()."); 18!l!l. c. 4(;."'). 

!•( main as it is. 

I'hat section 

2448. Net stakes removed from certain waters. Fveiy ])erson who shall set 
or use any net in the waters (d' Pamlico, Croatan, Currituck, or Albemarle 
sounds, or their tributaries, except Perquimans Riv( r. shall be r('i|uired to pull 

4 



26 KEPORT OF COMMITTEE OX FISIIEKIES. 

up and ifiiiovc tlicii- net-stakes within thirty days t'i(!ni the day tlie nets were 
taken from them, and not hiter than tlie lirst day of June, and any person failing 
to pull up and remove their stakes, as required by this seel ion. shall lie gniUy of 
a misdemeanor, and lined not more than tifty dolhirs or iinjirisoncd not more 
than thirty days. 

Code, >s. ;^;i82, ;UU; 1883, e. (19: R. ('., e. SI, s. 8: 1844. e. 40. s. 7: 1852. 
e. 13; IS!):;, e. 147. 

be amended as follows: "aii<l remove their net-stakes within tliii'ty 
days from the day the nets were taken from them, and not later than 
the first day of Jnne," to read "and remove all broken, decayed, and 
abandone(l stakes by the first day of May of each year." 

That section 

2449. Fishing in Frying Pan, Tyrrell County. If any person shall set any 
pound-net oi- (luteh-iict in Alligator River witliin <ine-half mile of the mouth of 
Frying Pan Creek in Tyrrell County, or in Kiying Pan Creek within three miles 
of where it enters into Alligator River, he shall he guilty of a misdemeanor and 
shall he fined fifty thdlais or imprisoned thirty days, or hoth. at the diseretion of 
the Court. 

190.'). e. 28-2. 

remain as it is. 

That section 

2450. Dutch-nets at the inlets. If any jxrson shall set any pound-net, 
dutch-net, or hedge-net within two miles of Oregon Inlet or Hatteras. Inlet or 
witliin ten miles of New lidet in Daie County. North Carolina, or shall between 
the first day of Jaiiuary and the first day of May fnlhiwing of any year, set or 
operate any seim- (ir stationary nets of any kind in tlie main ehannds within 
three miles of the in.^ide mouths of Ocracoke, Hatteras, Oregon, or any other inlet 
north of (KTaeoke Inlet, eonneeting the waters of the Atlantic 0<'eaii with any 
of the sounds or other inland waters of Nnith ('arolina. or shall fish with 
seines or nets of any description in the waters of l!ear Inlet or lirown's 
lidet or witliin one mile of Rear Inlet or ]!vo\\n"s Inlet, on the eastern or western 
beach of said inlets, cxcej)t at regularly eslablished lishei-ies on said l'>ear or 
Rrowji's Inlet beaches, or shall fish with seines or nets on the inside of said Real' or 
Rrown"s Inlet within one-fourth mile of siid nilds bclween the first ilay of 
October and the first <lay of Ajiril. he shall lie guilty of a niisd-meanor. 

189;], c. 21t;; 190;{. e. 724: 1903. c. 41(i. 

be amended so that the reference to New Inlet, Hatteras Tnlet. tind 
OreiiO!) Inlet be omitted to conform with the rexision of Section L'-t4(). 

That section 

2451. Anchor-nets in Albemarle Sound. If any [lerson ^hall set or lish an 
anchor, drift, or staked gill-net in the waters of Alliemarle Sound (U- its tribu- 
taries west of a line running from Skinner's Point buoy to Roanoke lighthouse, 
oi- if any person shall, cast of said line, set or lish in th" waters of snid sound 



REPORT OF COMMITTEE OX FISHERIES. '2 t 

<ir it.-5 triliutaiies any anchor, drift, or staked gill-net longer than one thousand 
yards, or combination of such nets longer than one thousand yards; or shall set 
or fish any anchor, drift, or staked gill-nets within one and one-half miles of any 
seine-grounds on the said soimd or rivers emptying therein or ^vitlli7^ one-half 
mile of any dutch-net stand where the same is now located in said sound or 
ri\'ers. unless said seine-gi-ound or dutch-net stand is owned by the person setting 
sucii nets: or shall set or fish any line or row of anchor, drift, or staked gill-nets 
anywhere in said sound (u- rivers nearer to any other row of sucii nets than half 
the length of the longer of said row, he shall l)e guilty of a misdemeanor, and 
shall be fined not exceeding one hundred dollars or be imprisoned not more than 
tliiity days. And any person who shall Avilfully violate the provisions of this 
section shall forfeit and pay for each violation of the same the sum of one 
iimidred dollars, to be recovered in a civil action by any one who will sue there- 
fni- : one-half of said reco\'ery shall inure to the benefit of the public school fund. 

IS!»7. c. .')1 : ISnn. c. 41 : 1899. c. 1.30. 

fi uiaiu as it is. 

That section 

2452. Pamlico County. If any person shall set or fish any dutch or pound 
nets in the waters of Pamlico County, or shall use any seine or drag-net in the 
waters of said county, including the north side of Neuse River from the mouth 
of the liver to the mouth of u|)per Broad Creek, from the first day of May to 
the first day of January next ensuing, or shall at any time catch fish with a 
seine or drag-net along the shores of said county on any day of the week except 
Monday. Wednesday, and Friday, he shall be guilty of a misdemeanor, and be 
fined not more than lifty dollars or imprisoned not more than thirty days. 

ISS.5. c. 19S; 1889. c. .144: 1S9.3, c. 334. 

be repealed. 
Tliat section 

2453. Dutch-nets in Neuse River. If any person shall use or cause to be used 
any ilutch-net, pound-nd, or other stationary trap-net, or seine of similar descrip- 
tion. Iiy whatever name known, in the waters of Neuse River for the purpose of 
taking fish therefrom, except the ordinary set-net in use in said river, prior to 
the first day of January, one thousand eight hundred and ninety-seven, he shall for 
each days use thereof as aforesaid forfeit and pay the sum of fifty dollars. The 
penalties herein created shall be recovered by warrant before any justice of the 
peace in the county of Carteret, Craven, and Pamlico or Lenoir, and shall be 
applied to the use of the public schools of said counties, and such offender in 
addition to the penalties contained in this section shall be guilty of a misde- 
meanor and shall be fined not less than one hundred dollars, nor more than five 
luindred dollars, or imprisoned in the county jail not less than six months nor 
more than twelve months: Proridcd. that a resident and citizen of the State 
may fish with dutch, trap, or pound nets in the waters of Neuse River on the 
Pamlico sitle of said river between the mouth of said liver and Upper Broad 
Creek not more than five hundred yards from the shore. 

Code. s. 3.397: 1897. c. 14.3: 1899. c. 299; 1S99, c. 422: 1S99, c. 435; 1901, c. 74; 
1903. c. 704: 190."). c. 817. 

remain as it is, except that fine shall be paid to Fish Connnissioii 
fund. 



2s KEPORT OF COMiSEITTEE OX FISH KK 1 KS. 

That section- 

2454. Size of meshes for seines in Neuse and Trent rivers. If any person 
shall use any draLi-iK'l m- seine with liars nf less size than one and a quarter 
inches in tlie Nt'use and Trent livers. <>v in any of the trihutaries tlierenf, except 
for the purpose of eatehinii- herrinu'. frcmi the lifteentli ihty ni .January to tin' 
tifteeidh day of May cf ea(di year, he shall lie i^nilty of a niisch'nieanor. and lined 
not li'ss than live nor more tlian lifty dollars for every olVense. This st'ction 
shall not api)ly to the waters of the ^'euse and its tributaries above tlie Wayne 
and .lohnston county lines. 

Code. s. .S;^!l.'): ISSl. c. 14t). ss. 1. 2. 

i'( main as it is. 

I iiat section 

2455. Fishing in Trent River. If any ]ierson shall set any tr.ip, dutch, 
]ionnd. or jioil net (d' any description whatever in Trent River. <.r shall at any 
time extend his set -nets more than one-thiid the distance across the Trent River 
from either side, or sliall set any net near<'r to :uiy other net than one hundred 
yai'ds either on the same or on the op]iosite side of the river, or shall fish with 
seiiu's or set-nt'ts of any description in Tri iit Uivcr fi-om its mouth to upper 
Tucker hiidue. between the hours of lw(d\e o'cdoek noon on Saturday and twelve 
jj'elock noon on Monday (d' each week, or sluill set or haul a net (<v seine of any 
description between the town of Trenton and lirown's mill on said ii\('r from the 
sixteenth day of ^lay to the first day of Au.uust in each year, he shall be guilty 
«if a misdemeanor, and shall be fined not less than five d<dlars nor more than 
ten dollars, oi- be imprisoned not less than ten nor mere tlian thiidy days. 

Coile. s. .-s:!!); : IS!):;, c. 447: isni. c -I'.H. 

he anicnded so that in next to the last line "'nor less than 1i\c (h)llars 
nor more than ten dollars" shall read "not less than tiftv dolhirs nor 
nioi'c tlitin (»ne hnndre<l (h)llars." 

That section 

2456. Fishing or shooting on bridges across Neuse or Trent River at New 
Bern. If any person beini; upon the bridi^cs or either of them which span the 
Xense and Trent ri\ers at the (dty id' New P.ern. >hall lish in tlie waters of said 
ri\('rs while beiiiu' on said bridi^es. except with lianddine not attached to any 
|iole, (11- shall use tire or sho(d any firearms uliile standing or iKdni;' ujRm (dther of 
said bii<li;es, he shall be j^uilly of a misdeinea noi-. and be lined not exceedint;- lifty 
dollars or im]irisoned not cxceedinL;- 1 hirty days. 

I'.Mll. c. .-Kl: l!Mll. c. .3:2(1 : IMO;!. c. 71. 

remain as it is. 

That section 

2457. Setting nets across streams. If any ]ieison shall -et a n-t (d' any 
descri)ition across the main (diainud cd' any i-i\-er or creek, or shall ei'e<'t, so as 
to extend more than tlire<'- fourths of the distance, across am- sn<'h ri\cr or creek 



KEPOKT OF C()MMITTP:E ON FISHERIES. 29 

anv stand, ilain, weir, liediic or other obstruction to the passap:e of fish, or 
.shall erect any stand, dam. weir, or liedj^e in any ]iart of any river or creek tliat 
may be left open for the passajie of fisli, or who, havin;^- erected any dam wliere 
the same was allowed, and shall not make and keep ojx^n such slope or fishway 
as may be required l)y law to be kept open for the free passage of fish, he sliall 
be guilty of a misdemeanor. 
Code, ss. 3.387, 33S,S. 3380. 

remain as it is. 

That section 

2458. Hauling seines, Cherokee County. If any person shall lish with 
seines or drag-nets or place any finger or fall traps in the Valley River. Xotla 
and Hiawassee rivers in the county of Cherokee, for the jiurpose of catching fish 
from said rivers, from the fifteenth of March to the first day of June in each 
year, he shall be guilty of a misdemeanor, and fined not less than ten nor more 
than fifty dollars, or imprisoned not less than ten nor more than thirty days. 

Code. s. 3.31)!); 1881. c. 12: 18!)7. c. 293. 

remain as it is. 

That section 

2459. License tax on non-residents fishing with seines. If any person, not 
being a citizen and resident of this State, shall c.itch fish by seines, nets, or other 
appliances for taking fish for marketable purposes in any waters within the 
jurisdiction of this State, without first obtaining therefor a license from the 
State Treasurer and for which he shall ])ay a privilege tax of twenty-tive liundreil 
dollars per annum, he shall be guilty (if a misdemeanor, and upon conviction 
in the Su]>erior Court of any c<uinty contiguous to the waters so lished as 
aforesaid, shall be fined not exceeding three lluiusand dnllars oi- impiisoned not 
exceeding two years, or be both lined and impiisoned, as aforesaid, in the dis- 
cretion of the Court; and any citizen of this State, or (vther jjcrscm who shall 
form an alliance or eojKUtnership with a non-resident for the purpose of evading 
tliis section or wlio shall act as an agent of any such non-resident. (U' as his 
.servant, agent, or emjiloyee. shall l)e deemed guilty of a inisdeineanor, and upon 
conviction in the SuiJcrior Court of any county iH'.rdcring ujjon (he waters fished 
as aforesaid, shall be fined not less than one hundred dollars or imprisoned not 
less than six months, or both, in the discretion of the Court ; and the nets, seines, 
boats, or other appliances of such person shall be liable by civil action to seizure 
and confiscation for the benetit of the jniblic sclioo] fund. Any person who shall 
violate this section shall forfeit and pay the sum of five hundred dollars for 
each day engaged in fishing as aforesaid, to be sued for and recovered by any 
citizen of this State, the one-half of such recovery to be to the use of such citizen 
so suing and recovering the same, and the either half to the school fund. In any 
civil action for the reco\-erv of the ])eiialties hei(>iiibefore pro\'ided for and iiieii- 
tioneil. no jjerson. agent, servant, or other employee shall be excuseil from testi- 
fviuQ- therein (ui the ground of incriminating himself bv his answei-. but such 



;]() KKPOUT OF COMMITTEE OX FIS 1 1 Ki; I KS. 

answer shall not !»■ iiscil as evidence against such witnes-, >(> testifyini^ in any 
oi'iininal aedmi w hats<i('\-er. 

Cdde. s. -IH)!: IS'.IT. e. -'15: 18!»!). e. 52. 

remain iis it is, except that "public school fniKT" be changed to read 
"Fish Connnission fund." 

Tiiat section 

2460. Right to fisheries. WJieiiever any person sliall atquirc title in laiuU 
covered b}' navi.n'alile water undei- the eha])ler entitled (iranls. the owner or 
person .so ae(iuiring- title shall ha\c the right to I'staldish tislu rirs ii|ion sai<l 
lands; and whenevt'r the owners of >ncii lands shall ini)ir<is(' the same liy 
clearing otl' and cutting therefrom lous. lools. stuiii])s. or other olist met ion~. ~o 
that tlie said laml may lie used fur the pin pose of drawing or liauling nets or 
seines thereon for the purpose of taking or ealchiuL; Iis1i. then an<l in that case 
the person who makes or cause-, to he made the said iiM]iro\ einciit ^. his heir^ and 
assigns, shall ha\c jirioi- right to the use <if the laud >o i iii|iro\-ed. in drawing, 
liauling, drifting, or setting nets or seines (lierc(m, and it shall he unlawful for 
any person, without the consent of --uch owner, to draw or haul nets or seines 
upon the land so improved liy the owner tlieicof for the piiriiosc of drawing or 
hauling nets or seines thereon: and this section shall i;])ply where the owner 
of such lands shall erect platforms oi- structures of any kind thereon to lie used 
in fishing with nets and seines; and evei-y jiersun who shall wilfully destroy or 
injure the said platfoi-m or structures, or sh.all interfere with or molest the 
owner in the use of such lands as aforesaid, or in any fiiher manner shall \iidate 
this section, sluill lie guilty of a misdemeanor: I'roritlnl. Ihis si'dion shall not lie 
so construed as to r(dieve any person from punishment for the olistriiction of 
navigation. 

Code, s. ;]3S4: lS74-."'>. c. IS.S, ss. l-(i. 

remain as it is. 
That section 

2461. Obstruction of fish in Hiawassee River. Nd person shall make, con- 
struct, or build any dam, drag-net. or seine aero--, more than thrcc-founhs of 
Hiawassee River, so as to jireveiit or himlcr the free p:.-.s:ige of (ish in -aiil 
ri\er, and any peison making or using any dam. dr.i^: net. oi- seine in -aid ri\er 
shall leave open and unobstructed to tlie free p^i-sa^e of lish at le:i>t one foiirtl: 
of said river, in width, on the side most favorable to the jiassage of li-,h. Any 
jierson otl'ending :ig{iinst this section sludl be guilty of a misdemeanoi-. and lined 
not m(ii-(> than ten dollars for each twenty-four lioui's s.iid rixcr is so obstiucted. 
one half to the use of the school fund, the other to (he use of (he county in which 
sui'h N'iolation occurs. 

Code. s. ;!;;!»S: I SSI, c. 11. -s. 1. -2. ::. 
remain as it is. 
That scctiuii 

2462. Regulated in certain streams. Xo person shall ]ilaee or alUiw (o 
remain any dam f.T mill <ir f.iclory purposes in the Chowiiii Ttiver between llolli- 



KEPOliT OF COMMITTEE ON FISIIEKIES. ol 

day's Island and the Virginia line; in the jVleherrin River between its nioutli and 
the Virginia line; in the Koanoke River from the month of the Cashie River to 
the Virginia line; in the Uan River from the crossing of the State line to a 
point nearest Danbury; in the Neuse River from New Bern to Xeuse station in 
Wake County; in Contentnea Creek from its junction with the Neuse to the 
junction of Turkey and Moccasin creeks; in the Cape Fear River from Wilming- 
ton to the junction of Haw and Deep rivers, and thence in Haw River to the 
line of Chatham and Alamance counties, and also in Deep River to the Randolpli 
and Chatham line; in Rocky River from its mouth to tlie crossing of ttie Pitt:-.- 
boro and Ashboro road; in the New Hope River from its mouth to tlie (Jrange 
County line; in Northeast Cape Fear River from Wilmington to South Wash- 
ington; in Black River from its mouth to the junction of the Coharie; 
in the South River from its junction with the Black lliver to tlie crossings 
of the Fayetteville and Warsaw public road; in Lumber River from the State 
line to the northern boundary of Robeson County; in the Yadkin River from 
the State line to Patterson's factoiy; in Elk Crefk, a tribut<iry of the Yadkin 
River, from its mouth to Daniel Wheeler's in Watauga County; in Slony Fork 
Creek, a tributary of the Y'adkin River, from its mouth to John Jones" old store; 
in Ararat River from its month to the bridge at Mount Airy; in Linville River 
from its mouth to Linville Falls; in North Fork of Catawba from its 
mouth to Turkey Cove; in Broad River from the State line to Reedy 
Patch Creek; in Greene River from its mouth to its junction with North Pacolet : 
in the Tennessee River from the Slate line to its junction with the Nantahala ; 
in Pigeon River from the State line to the Forks of Pigeon; in the French 
Broad River from the State line to Brevard, and in the Swannanoa River; in 
Toe River from the State line to the confluence of the Noiih and South Forks 
of Toe; in New River from the State line to the point of divergence from the 
western boundary-line of Alleghany County; in Little River in Johnston County 
from its junction with Neuse River in Wayne County to the Wake County line; 
in Cain River from the mouth of same to mouth of Boiling Creek in Yancey 
County, also Old Fields of Toe on North Toe River in Mitchell County: Johns 
River from its mouth lo tlie forks of said river near Carrell Moore's in Cald- 
well County; Catawba River from the South Carolina line to the town of Old 
Fort in McDowell County, unless the owner thereof shall construct thereon at 
his own expense a sluice-way for the free passage of fish, of a width not less than 
three feet nor more than ten: Provided, such sluice-way shall be constructed 
according to plans and specifications to be furnished by the Board of Agricul- 
ture, and shall not injure the water-power of such owner: Provided further, 
in order to ascertain whether sluice-ways will or will not injure llio water- 
power aforesaid, the owner (if such dam may select two disinterested person-, 
and llie Board of Agriculture two others, who may select ihe fifth person t<> aid 
in thri arbitration and settlement of such complaint: Provided further, this 
section shall not apply to Pigeon River in Haywood County: Provided, also, 
it shall l)e lawful for any person to remove any obstruction in the main channel 
of the Cape Fear Ri\er to llic widtli of one hundred feet, for Ilie free passage 
of fish in the county of Harnett. This proviso, howevei', shall not apply to any 
dam or obstruction placed or kept upon said river by the Cape Fear Iron and 
Steel Company. 

Code, s. 3410: 1001. c. -JOS; ISSO, .-. ;U ; ISSl, ec. :Z1, .32, 250, .'{20 : 1905, c. 278. 

remain as it is, except tliat "Board of AgTiculture" sliall read "Fish 
Oommission." 



y,2 EEPoirr OF coMAiri'TEK on fisukuies. 

That sections 

2463. Sluice-ways kept open when constructed. 'I he shiice-ways referred 
to in tlie iin'ccdiny seetiini sliall lie so ((Histrueted and placed upon such dams 
l)y the owner thereof witldii sixty <hiys after notice lias been yiven by the Board 
of Agrieiilture, under a [jenalty of <in( hundred dollars per day for each day 
thereafter that such dam shall remain without such slu.iee-way, and shall be 
kept (;pen by him during; the mouths of Februaiy, ^larch. April, May, June, 
Octolier, and November, and at all other limes when there is suflieient water to 
supply both the watei-power and the shiice-way, a tine of fifty dollars per day 
foi- each day said sluit'e-way shall be allowed t(i remain closed, and any person 
who shall lisji with net, trap, hook and line, or who shall take in any way 
whatsoever any fish within two hundred feet of said sluice-way shall be subject 
to a fine of one dollar for each fish so taken, or a fine of fifty dollars for each 
oU'ense, or inijirisonment foi- fhiity ilays. 

Code, s. :U11 : ISSO, c. ;i4, s. 2. 

aixl 

2464. Obstructions removed. No otlicr obstruction to the passage of fish 
sliali exist or be built between the designated points in the streams mentioned 
ill the two |)receding- sections unless an o])enino- of not less than twenty-five feet, 
and not more than se\enty-tive feet, embracinL; the main channel of said streams, 
shall be made by the owner of such obstructions within twenty ilays after notice 
from tile Hoard of Agiicult ure to make such ojiening under iicnalty of fifty 
dollars ])cr day for cacii (la\- such obstiaiction shall remain unopened. Said 
notice shall be serxed liy the Sherilf of the county, and his return siiall be 
prh)in (lieu- evidence of notice in any suit for such ]>eiialty. 

Code, s. ;!41-J: 1S80, c. ;M, s. ?,. 

I'cuiain as they are, except that "Board (^f Aii,Ticiilture" shall read 
" Fish CVjiiimission." 

Tliat section 

2465. Vessel injuring nets. If any master or other person having the 
management or control of a xcsstd or boat of any kind, in the navigable waters 
of the State, shall wilfully, wantonly, ami unnecessarily do injury to any seine 
or net, which may lie lawfully hauled, set, (U' lix((l in said waters for the purpose 
of taking' fish, he shall t'orfcit and pay to the owner of such seine or net, or 
other person injured by siicli act, one hundred dollars, and shall be guilty of a 
misdemeanor. 

Code, ss. .'i.'JS."), .'L'SS'.). 

remain as it is. 

That section 

2466. Use of dynamite for killing fish. If any |iersoii >hall use any dynamite 
or any other explosive agent whatever for killing tish. or shall ex])lode any 
dynamite or other explosixc agent in the public wafers of the State \\here tish 



IIEPORT OF COMMITTEE O^^ FISHERIES. Oo 

aid foniul, except for iiieeliaiiieal or manufacturing purposes, he shall he i^uilty 
of a misdemeanor and fined not more than fifty dollars or imprisoned not nnu-e 
than thirty days. The possession of lisli killed hy explosive aijencies shall he 
pritna facie evidence that explosives were used for the purpose of killini^- fish. 
Code, s. 8405; ISSi). c. 312. 

I'tiiuiin as it is. 

That section 

2467. When non-resident may use seines. If any person who has not 
resided in the Slate continuously for at least twchc months next preceding 
the day on which he shall begin to take fish shall use, or cause to be used, in 
any of the waters of the State, any weir, hedge, net, or seine, for the purpose 
of taking fish for sale or exportation, or if any person shall assist in using, or 
be inlei-ested in usiiiM- or causing to be used, in any such waters for the pvirpose 
aforesaid, any weir, heilge, net, seine, or tongs in the use of which any such non- 
resident person may have an interest, he shall be guiliy of a misdemeanor. 
Nothing herein shall prevent any jierson from fishing with seines hauled to the 
siiore at any fishery, the title to which fishery or any interest therein having been 
acquired by such person by purchase or inheritance. This section shall not 
extend to sen-ants employed to fish by any persons allowed to fish in the navi- 
gable waters of the State: Proridci), no non-resident of the State shall make 
any sale, assignment, or transfer of any fishery, weir, or other fishing apparatus, 
or privilege mentioned in this section, to any citizen of the State for the purpose 
of operating and working said fishei'y, \\eir, or other fishing apparatus as afore- 
said, under the nanu' and ownership of such citizen, fir as the servant or employee 
of :iny citizen; and any sale, transfer, <ir assignment not made hoiiu fide and for 
a full consideration shall be null and void. Upon affidavit founded upon infor- 
mation and belief that any non-resident of the State is operating any such fishery, 
weir, or other fishing apparatus as aforesaid in the \\aters of the State, under 
such sale, assignment, or transfer, as the jiretended serxant or emphiyee of any 
citizen of the State, it shall be the duty nf the jnstici' nf the jieace before whom 
saitl allidavit is made to issue a warrant against the said non-resident and citizen 
under whose name said fishery is operated, and upon Cduviction the said offenders 
shall be guilty of a misdemeanor, and shall, for every offense, be fined not more 
than fifty dollars, or imprisoned not more than thirty days. Upon the said trial 
the burden of proof shall be on the defendants to ])r(ive the haiia fides and full 
consideration of said sale or transfer. 

Code, ss. 837!>. 3.380; R. C, c. 81. s. 5: 1844, c. 40. s. 1; 1870-7, c. 33; 1883. 
e. 171. 

remain as it is. 

That section 

2468. In New Hanover County. Tf any person shall use any net for catching 
sturgeon in the waters of Xew Hanover County, the bars of the meshes of which 
net shall be less than ten inches in the diamond; or if any person shall fish any 
seine or net in the waters of said cotuity between the first day of January and 
the first day of July of each year, or shall haul a seine or nets or pod fish within 



34 REPORT OF COMMITTEE ON FISHERIES. 

tlirce hundred yards of any established fishery, except witli l!ic nct> of such 
lisliery; or shall set or lish any stationary nets in the waters tif the >^'a]ie I'Y'ar 
Kiver, except on tlie east side thereof and in New Hanover County: or shall set 
any net in said river otherwise than east or west, or shall own oi- control more 
llian oni* line of nets, or shall operate or fish any shad-nvts in ('a]ie I'eai- Uiver 
below the mouth of Brunswick River between the fifteenth day (if April and the 
first day of January of any year; or shall set any set-net or stationai-y net of any 
kind in the (Jape Fear River north of tlie mouth of the Brunswick River, or in 
the Brunswick River; or shall operate any drift-net in the Cape ]'\>ar lviv<'r of 
more than three hundi'ed yards in len^tli. or shall catch sh.ad in said rixer with 
seines nr nets from the lifteentli of ]\Iay to the lir-t of January, he shall be 
guilty of a misdemeanor. The possession of a slur^con-net A\ith nu'shes of a size 
smaller tlian allowed by this section sliall be jiriina fmir e\'itlence of having 
fished the same. In setting nets in Cape Fcay River as allowed by this section 
the following rules shall prevail: They sliall liegin at a point one Inindred yards 
from the edge of the channel on the east siile of said river and running thence 
du(> east one hundred and twenty yards, thin leaving a gap of (me huiidred and 
twenty yards. Then from the east end of said gap anotl'er net may be set one 
iiundred and twenty yards only, and to continue in the same propoi-tion, always 
re(]uiring a gap of one hundred and twenty yards to intervene between each 
one hundred and t\\('nty yards of nets so s(>t, and no net or sets of nets of any 
kind shall be placed opposite said gaps, within a distance of a half mile of same, 
and none of the nets so set shall be nearer tlian a half mile of the west shore 
of said Cape Fear River. An estaWished lisliery in the meaning of this section is 
one where there is a camp for the use of the hands, and where the seine or nets 
and boats used by the said fishery are kept, and where the said tisiiery was| 
established prior t(j the first day of January, one thousand eiglit hundred and 
ninety-nine. 

Code, s. 340;l: I'JOl, c. 17.3; 1800. c. 440: issl. c. 280. 

remain as it is. 

That section 

2469. Northeast Cape Fear. If anv' peixm shall iish in the northeast branch 
of the Cape I'\'ar River with seine, net. er tra]i, fidni tl;e tweiily-tliird day of 
February to the first day of July of any yiar. In t ween tlie hours of si\ o"(dock 
r. ]M. on Saturday and six o'clock P. M. on Mdiiday of each week, (ir sliall at 
any time use more than one seine at a time in a.iiy tishing hide in said ri\'ei-. (ir 
use, set, or place in said river any hedge, traji, or other obstruction wliieh will 
])revent the free passage of fish up said river, whicli said hedge, trap, or otlier 
obstruction sliall extend more than one-third across the main channel of the 
said river, he -hall lie guilty of a misdemeanor. This section shall not apply to 
that portion oi said river which lies between the city of Wilmington and a point 
on said river known as The Three Cypresses, twelve miles distant from said city 
of Wilmington. 

1SS9, c. 182: 1801. c. 198. 

niiiaiii as it is. 



REPORT OF COMMITTEE ON FISHERIES. 35 

That section 

2470. In Brunswick, New Hanover, and Pender counties. If any person 
shall use in any of the waters of Brunswick, New Hanover, and Pender counties 
any nets, seines, set-downs, lish-traps, or any otlier nets of any description, for 
the purpose of takino- fish, the l)ars of the meslies of A\hich nets, seines, set- 
downs, or fish-traps shall he less tlian one and ono-ei,iihth inches in length; or 
shall, with seines or nets of any kind, catch any fish in the waters of the Cape 
Fear River from its mouth to the Bladen County line, or in the waters of the 
Noiiheast Cape Fear or Black rivers in Pender County between six o'clock P. M. 
on Tuesday and six o'clock P. M. on Wednesday, or sliall obstruct the free 
passage of tish in the waters of said rivers, he shall l)e guilty of a misdemeanor. 

1885, c. -220; 1SS7. c. 71. 
remain as it is. 
That section 

2471. In Black River and Mingo Creek. If any person sliall fish in that 
part of Black River in Sampson and Cumberland counties and below the Atlantic 
Coast Line Railway bridge, or in Mingo Creek in said counties below the Averas- 
boro and Clinton road otherwise than with a hook and line, lie shiil lie guilty of a 
misdemeanor. 

1895, c. 270. 

remain as it is. 

That section 

2472. In certain streams in Cumberland, New Hanover, Brunswick, and 
Sampson counties. If any person shall catch or destroy with seines, nets, 
firearms, bows and arrows, or liy muddying or stirring the waters, or by striking 
any fish of any kind in the waters of Black or South rivers, or the waters of Big 
Coharie, Little Coharie, Bear Skin, and Big Swamps in the counties of New 
Hanover, Sampson, Cumberland, and Harnett, and of the waters of Six Runs 
in the counties of New Hanover and Sampson, and of tlie waters of the Cape 
Fear River in the counties of New Hanover and Brunswick, and of the northeast 
branch of the Cape Fear River in the county of NeAv Hanover, between the 
fifteenth days of May and August of each year, he shall be guilty of a misde- 
meanor, and fined not to exceed five dollars. 

Code. s. 3409; 1889. c. 414; 1871-2, c. 152; 1879, c. 28.3: 1881, c. 3G9. 

remain as it is. 

That section 

2473. Obstructions in South Fork River. No person or corporation shall 
place or allow to remain in the South Foi'k River, from its mouth in Gaston 
County to its forks in Catawba County, any obstruction to tlie free passage of 
fish up said stream: Provided, this section shall not apply to inilldams where 
the owners thereof shall construct a sufficient fishway over said dams at least 
ten feet wide which will allow fish to pass over said dams: Provided furtlter, this 



3G REPORT OF COMMITTEE ON FISHERIES. 

section shall not apply to dams in existence, or wliieh may be erected for mann- 
faetnrini;- or milling- jniriioses. The violation of this section shall be a misde- 
meanor. 

Code, s. :U(H;: IST'.t. c. 244, ss 1, 2: 1881, c. HO. 

remain as it is. 

That section 

2474. Obstructions in Neuse River. Any person who shall construct a dam, 
put in traps, dnlrh-iiet, wire seine, or anythini^- rise in N(Mise River between its 
mouth and the Falls of Neuse in Wake Couiiiy, for the purpose of olistructing 
the jiassage of iish in said river, shall be guilty of a misdemeanoi-, and l)e fined 
ni;t exceeding fifty dollars or imprisoned not exceeding thirty days: Provided, 
this section shall not apply to seines, set-nets, i-uiining or skimming nets: Pro- 
vided, this section shall not prevent the use of ti'a]is in \Vayne County, where 
the trap and its wings do not extend more than oiie-third across the stream. 

Code, s. ;{422: 1885, c. ;!tll; 1893, c. :134; lss;i. e. ;{01. ss. 1, 2: 1895. c. 403: 
1901. c. .39.). 

remain as it is. 

Tluit section 

2475. Regulated in Lumber River. It shall be unlawful for any person to 
Use any seine, net. or gig, or, by muddying tlie water <ii' by slmoling, to catch, 
take, or kill lisli in !>umbcr Kiver by any means except the ordinary rod, line, 
and hook, fiom llic lii'sl day of ]\larcli to tlie tirst day of November in each and 
evvvy year: and any jicrson violating this section sliall be guilty of a misde- 
meanor, and siiall pay :i line of forty dollars or be imprisoned not more than 
twenty days. 

Code, s. 3404; 1881, c. 288. ss. 1, 2; 1883. cc. 13. 78. 

remain as it is. 

Tliat section 

2476. Fishways to be erected in Haw River. AH persons maintaining dams 
across Haw lvi\H'r in the county of Chatham shall, upon thirty days' notice from 
the Board of Commissioneis of said county, estaiiiish fishways in said dams; and 
if said lislnvays .shall not be made within three ni<inlhs from the service of the 
notice, said ])ersons so otfending shall be guilty of a misdemeanor, and fined 
at the discretion of the Court. 

Code, s. 3402: 188], c. 343, ss. 1. 2. 

renniin as it is. 

That section 

2477. Regulated in Nantahala River. If any person shall use any drag-net. 
l)asket, <jr seine for the puipose of catching fish in Nantahala River or its tribu- 
taries, he shall be guilty of a misdemeanor, and lined not less than five nor more 
than twentv dollars for each oil'ense, one-half to go to the school fund of the 



KEPOKT OF COMMITTEE ON FISHERIES. 37 

county where such ofl'cuso is tried, and the otlier lialf t(i the informer; and 
whenever the Nantahahi River forms the dividing line hctwcen any counties 
persons offending against this section may be prosecuted and jiunished in the 
courts of the counties between wliich tlie said river cunstilutcs tlie dixiding line. 

Code, s. 3401; 1881, c. 30, ss. 1, 3. 
remain as it is. 

That section 

2478. Robbing nets. If any person shall, without authority of the owner, 
take any hsh from any lu'ts uf any kind, he shall be guilty of a misdemeanor. 

Code, s. ;:!418; 188.'!. c. 137. s. r^. 

shall be amended so that the following shall be added to the section : 
"and shall be fined not less than fifty dollars or imprisoned not less 
than thirty days."' 

That section 

2479. Obstructions in certain streams in Henderson County, js'o person 
shall make, construct, or build any dam, drag-net. or s;'ine across more than 
three-fourths of the French Broad, JNIills, Creen, or Broad rivers, or any of their 
tributaries, in Henderson County, so as to prevent or hinder the free passage of 
fish in said rivers and their said tributaries, and any person making oi- using 
any dam, drag-net, or seine in said streams shall leave open and un(il)structed 
to the free passage of fish at least one-fourth of said streams, in width, on the 
side most favorable to the passage of fish. Any person otl'ending against this 
section shall be fined not more than ten dollars for each twenty four liours said 
streams are so obstructed, one-half to the party suing for the same and the other 
half to the school fund in said county; and any person violating this section shall, 
in addition to the penalty pi-escribed. be guilty of a misdemeanor: Provided, 
this section shall not apply to dams for manufacturing purpose-s. 

Code, s. 342.5; 1885, c. 58. 

remain as it is. 

That section 

2480. Trout in Cataloochee Creek, Haywood County. If any person shall 
fish for trout in Cataloochee Creek or its tril)utaries in ITiywood County, and 
oft'er such trout for sale as a nniiter of traffic, or shall lish for trout in such 
streams without permission from the owners of the land contiguous thereto, he 
shall be guilty of a misdemeanor, and be fined not more than twenty dollars or 
imprisoned not more than ten days. 

1885, c. Gl. 

XoTE. — For manner of establishing ])rior right of fishery, see ss. 1G07, 1098. 

remain as it is. 



38 REPORT OF COMMITTEE ON FISHERIES. 

That section 

2481. Mullets in Brunswick County, if ;uiy person, firm, or corporation 
shall lisli for anil ratcli any inullets witli any jmrse-siine or nurse-net in the 
waters within the limits of ]>ruiis\vick ('ounty, extendinu' to the extreme limits 
of the State's jurisdiet ion in and over said waters — and for the purpose of this 
section any jtoition of any water within a dist:;nee of three nautical miles from 
the outer shores of said county shall be deemed the waters of said county — or if 
the master or any employee on any steamhoats en^aued in tishins; for menhaden 
or fatbacks shall dischar<;-e from said boat tish oll'al. bhiod, or slime within a 
distance of one-half a mile of any established mullet tislu'ry on the Brunswick 
County coast lietween the first of An^ust and tln^ thirty-first of December of 
each year, he shall be t;uilty of a misdemeanor, and upon conviction shall be 
fined or imjnisoned at tlie discretion of the Court. For the purposes of this 
section an established fishery is declared to be that point on the beach occupied 
by the surfboat and seine in regular use. 

1905. c. 74S. 

remain as it is. 

That section 

2482. Fishing within twelve miles of Grandfather Mountain. If any person 
shall take, catch, or kill any kind of tlsh in tlie waters of Linville Pviver or in 
any other stieam within twelve miles from the sununit <if (irandfather ^lountain 
in ]\Iitc!iell ('ounty. witliout the written consent of the owni^rs or lessees of 
file land through which said streams flow, or shall throw nr empty into said 
river or streams any matter or substance deleterious or injurious to the life of 
mountain tr<iut. he ^]lall be ileemed "-uilty of a niisdenieanin-. and shall be fined 
not more than lifly dollars <ir imprisoned not more than thirty days. If any 
person be seen at or near said stream or streams with mt. seine, rod. or any 
other kind ni Ijshinu' tackle, the same shall be iirima facir evidence of the viola- 
tion of this section. 

lun.-.. c. u;!. 
remain as it is. 

That section 

2483. Fish-traps in Cape Fear River. Tf any person shall e(]nstruct. operate, 
or maintain any fish-tiaps in the Ca])e Fear Fviver. or shall fail to i-emovo all 
traps now in the cliaiincl of said river within sixty days fi<!m the first day of 
March, one thousand nine hundred and five; er shall fail on Ihe first day of 
June of each year to remo\c the slats or fiiinvrs from any lisb-lra]i allowed to 
be operated in said river under this section, he shall be .i;uilty of a misdemeanor. 
This section shall not ap]ily to Brunswick or Xew Hanover count ii'S or to a 
tish-tra)) which extends to not more than one-third the cliannel of said river. 

l!)0.i, c. 500. 

remain as it is. 



EEPORT OF COMMITTEE ON FISHERIES. 39 

That section 

2484. Kitty Hawk Bay. If any person shall take, catch, or capture any fish 
with nets or other appliances in the waters of Kitty Hawk Bay and its tributaries, 
that part lying in Dart' County, between the tliirtietli day of April and the 
flfteenth day of October of each year, or shall sfll or sliip out of the county any 
chub or perch between said dates, he shall be guilty of a misdenieanor. and fined 
not more than fifty dollars or ini])risoned not more than thirty days, Xothing in 
this section shall prevent any citizen from catching fish at any time for home 
consumption, 

1905, c. 36:i. 

reiuaiu as it is. 

Besides the suggestions and recommendations regarding tlie pres- 
ent laws as tliej stand on the statute-books, the committee would 
recommend the following general legislation : 

NEW GENERAL LAWS, 

Section Early closing season for shad and aiewife or her- 
ring. All shad apparatus on the Cape Fear llivvv below the inoutli of 
Black Eiver shall be taken out of the river by April the twentieth, 
and all above this point shall be taken out by May the first; in j^ortli 
East Cape Fear Kiver below Castle Ilayne all shad apparatus shall be 
taken out by April the twentieth and all above that })oint by j\Iay first ; 
in the Black and other tributaries of the Cape Fear River all shad 
apparatus shall be taken out by May first; in the Xeuse Biver all 
gill-nets used for shad and aiewife fishing shall be taken out of the 
river by April tenth ; but all other shad and aiewife apparatus in the 
Xeuse Eiver at or below the town of Xew Bern shall l>c taken out liy 
]\[ay first and all above that town by May tenth ; in Bamlico and 
Bungo rivers all gill-nets operated for shad and aiewife fishing 
shall be taken out by April fifth, and all other aiewife and shad 
apparatus shall be taken out by May first ; in Tar Eiver all shad 
and aiewife apparatus shall be taken out of the river by May 
tenth ; in Bamlico, Eoanoke, Croatan, and Albemarle sounds east 
of Berquimans Eiver on the north and Ship Boint on the south 
(this to apply to the tributaries of the sound in this section) all 
gill-nets shall be taken out by April fifth, and all shad and ale- 
wife apparatus shall be taken out by April twenty-eighth, and in 
that portion of the Albemarle Sound west of the above ]X)ints as far 
as Horney Blow Boint on the north and Mackey's Creek on the south 
all gill-nets shall he taken out by April tenth, and all other shad and 



40 REPOUT OF CO]\[]MITTEE OX FISHERIES. 

nlewifc ap[):n'atus sliall l)e taken out bv May twelfth ; tliciic'c wt'st as 
far as the inoiitli of ('howaii liiver, all gill-nets nperate<l for shad and 
alewife lishing shall l)e taken out by April iifteenth, and all <>ih( r shad 
and alewife apparatus shall be taken out b}^ May twelfth, these dates 
to a]t}>ly 1o the trilaUaries of this section of Albi'inarle Sound; in 
( diowan Ri\-ei' ;dl shad anil ak'wife ap]»aratus sliall he 1aken out of 
the river by .May hfteenth. If any })erson shall set or hsh :!ny net 
wilfully in \'iohition of this section, he shall l)e uuilty of a niisde- 
nieaiior and hned not less than fifty dollars: Froridcd. that all 
]iound-nets in ;iny part of the waters nientione(l in this secticni that 
ai'e cut down in ord( r to rid them of in<»ss are to be considered as 
fullillini;' the law. 

Section .... Double seining. All double seining in any of the 
Avaters or ri\'ers of llie State, and the hauling or drawing two seines 
in suecessidu <.>ver the same boltom or wilhin fonr hundreil yards of 
that bottom is herel>y prohibited, and any person yiolating this sec- 
tion sliall for each \'iolation be lined not less than two hundred and 
Hfty dollars nor more than hve liundre<| dollars. 

Section .... Protection of sturgeon. Xo jurson shall set or tish 

any sturge(_»n-net in the inland waters of .Xorlli ( 'arolina for a period 
(tf li\'e years from the date of the passage of this act, and all sturgeons 
less than live feet long caught in any other manner wliale\'er shall be 
relurned to the water alive, and any ]>erson violating ihis section 
shall Ite guilty of a misdemeanor and linc(l not less than tifty <lollars 
or im]n'is(_»ned not less than twenty days; and the possession ot any 
sturgeon less than live feet in length shall be prima fdric e\'i(lence 
that the ])erson lia\-ing the same is violating this section. i''or the 
purposes of this act inland waters are detineil as all waters of the 
Siate lying within the ocean inlets and the months (if rix'ers and bays 
opening directly into the sea. 

Section .... Rockfish. if any ]iersoii shall otl'er for sale any 
rockrish wi'ighing les> than one-half jioiind. lie shall be guilty (sf a 
misdemeanor and be fined ten dollars lor e\'ci'v otlense. 

Section .... Purse-net. Xo person shall use (.!■ hsh a p-urst-net 
for I'nckiish or ]tercli in any of the waters in Xei'th (.'arolimi, ( xce]it 
in the niien sea, and any person ofi'ending against this section shall 
be Hne(| no! less than hftv dollars for each (_)fl'ense. 



KEPOKT OF COMMITTEE OX FISIIEEIES. 41 

Section .... Shad and herring. Any person wlm shall catcli or 

cause to be caught any shad or herring in the waters of the State of 
Xorth Carolina for any other purpose than as f(Hi<l shall he guilty of 
a misdemeanor and fined not less than fifty dollars or imprisoned not 
less than thirty days. 

Section .... Fishing on Sunday, if any jterson shall tlsh, haul, 

set, draw, or })laee in the water for fishing purposes, any net from 
midnight of Saturday night to mi<lnight of Sunday night, he shall he 
guilty of a misdemeanor and fined nut less than tweuty-five dollars 
for each and e\'ery ofi'ense. 

Section .... License to fish. Each and every person, firm, or 
corporation before commencing or engaging in any kind of fishing in 
the State shall file with the Sherift" of the county in which he desires 
to fish, a sworn statement as to the nund_)er aud kind of nets, seines, 
oY other ai)paratus that it is intended to use in fishing. Upon filing 
this statement the Sherifi' shall issue to the sai<l ])arty or parties a 
license as prescribed by law; said applicant shall ])ay to the Sherifi" a 
license fee eijual in amount to the fee or tax prescribed by law and an 
additional fee of twenty-five cents for issuing said license and receiv- 
ing said tax. Tliis license shall extend through a period of twelve 
months from date of its issue. Any person who shall wilfully use for 
fishing purposes any kind of net whatever without having first com- 
plied with the provisions of this section shall be guilty of a mis- 
demeanor and be fined twenty-five dollars for each and every ofi'ense. 

Section .... Licenses reported monthly. The Sheriff of each 

county in which licenses to fish are issueil shall, on or before the 
tenth day of each month, nniil to the Fish Commissioner a statement 
showing all licenses issued during the ])receding month, to whom 
issued, and for what ])urpose. The Commissioucr shall have ])re- 
pared and mailed to each inspector a list of all ])ersons, firms, or cor- 
jjorations to whom license has been issued, together with a statement 
as to the number and character of the nets said licensee is author- 
ized to use. 

Section .... License fees collected. All moneys collected by the 

sherifis of the res]tecti\'e counties in which they serve, rejn-esenting 
license taxes and fees for fishing privileges, shall be ])aid over to the 
Fish Commissioner on the first dav of eacli month. 



42 KEi'oirr of co:\imittee on fisheries. 

Section .... License tax. The following license tax is hereby 
levied u})Oii the ditferent tishing api)liances used in the waters of 
Xortli ( -arolina : 

Anchor gill-nets, I'O cents per KM) vnrds or fraction I hereof. 

Stake gill-nets, 10 cents per 100 yards or fraction thereof. 

Drift gill-]iets, i!(» cents per 100 yards <_ir fraction ihereof. 

Pound-nets, $1.00 each. 

Seine and drag-nets under 100 yards, $1.00 each. 

Seine and drag-nets over 100 yards and under ."100 yar<ls, $1.00 
per 100 yards or fraction tliereof. 

Seine and drag-nets over 300 yards and under 1,000 yards, $1.25 
per 100 yards or fraction thereof. 

Seine and drag-nets over l,00o yards, $1.T."» per 100 yards or 
fraction thereof. 

Outside mullet-seines fished in ocean, $2.00 per 100 yards. 

Pnrse-nets used witli power boats, $3.00 per 100 yards or fraction 
thereof. 

Purse-nets used with saiM)(»ats not reinforced with steam or other 
power, $2.."')0 per 100 yjirds or fraction thereof. 

Fyke-nets, 2r» cents each. 

]\]inor nets, 20 cents each. 

TERRAPIN INDUSTRY. 

Pile tcrra])in industry was thoroughly discussed and a ])aper pre- 
pared by Air. R. K. ( 'oker for the Xorth Carolina (ieological Survey 
on the (*uhivation of the l)iam<)nd-l»ack Terj'aj)in was sidmiitted to 
the (MUiiniittee. After thorough and careful consideration, it was 
decided tliat with a slight moditication, the ]U'esent laws relating to 
the terraidn were adeipiate, if enforced, t<> protect this industry and 
insure an increase in the number of terra])ins in Xoi'th Carolina 
waters. Pile c<)iinnittee, ther(d'oi'e, r( (■onuiieud that Section 23ti!), 
which reads as follciws, remain unchauucil : 

2369. Use of drag-nets by non-residents for catctiing terrapin forbidden. 
if iiiiy jhcrsnii who is nol a ell izcn and \\lii> lias not rcsiilcd in ilic Stale ooniin- 
mmsly I'nr llio prcccilinu two years sliall use any dray-nel or (itlicr instrument 
fur eatrliiiiL;- lerra]iin lie sliall he i;niUy cf a inisdcnica nor. 

( 'ode, s. o-'j7.">, o.>7(i. 

2370. Diamond-back terrapin protected. If any person shall lake or catch 
any dianioiid-haek terrapin lie! ween the fifteciilli (hiy of April and the fifteenth 
day of Ani^iist (d' any year, or any diamond hack terrapin at any tinif. of less. 



BEPOET OF COMMITTEE ON FISHERIES. -id 

size than five inches in hMigtli upon the lioltom sliell, or sliall interfere with or 
in any manner destroy any e<;',iis of the dianiond-baek terrapin, lie sliall be guilty 
of a misdemeanor, and shall be fined not less than five dollars nor more than ten 
dollars for each and every diamontl-baek tcirapin so taken or caught, and a like 
sum for each and every egg- interfered with or destroyed: Provided, this section 
shall not apply to parties empowered by the State to propa-.'ate tiie said diamond- 
back terrapin; and the ])ossession of any dianmnd-back ti'rra])in l)etween the 
fifteenth days of April and ,\ugust shall be iniiiui facie evidence that the person 
having the same has violated this section. It shall be the duty of all sherilTs and 
constables to give immediate information to some justie- of the peace of any 
violation of this section. 

Code, s. 3377; 1890, c. ."iS2 : l.ssi. e. IIT), ss. 1, G. 

It is recommended that this paragraph be changed so that it will 
read as follows : 

If any person shall take or catch or have in his possession any 
diamond-back terrapin betw^^eu the first day of March and the thirty- 
first day of Angnst of any year, or any diamond-back terrapin at any 
time, of less size than five inclies in length ii]»on the bottom shell, or 
shall interfere with, or in any manner destroy any eggs of the 
diamond-back terrapin, he shall be gnilty of a misdemeanor, and shall 
be fined not less than five dollars, nor more than ten dollars, for each 
and every diamond-back terrapin so taken or canght, and a like snui 
for each and every Qgii_ interfered with or destroyed: Provided, tliat 
this section shall not apply to parties empowered by the State to 
propagate the said diamond-back terrapin; and the possession of any 
diamond-back terra])in 1)etween the tirst day of A]^ril and thirty-first 
•lay of Angnst shall be pi'Dna facie evidence that the person having 
the same has violated this section: Provided furtlier, that the pro- 
\-isions of this act shall apply to any person, firm, or corporation 
receiving or having for transportation undersized terrapins, or dnring 
the closed season terrapins of any size whatever. It shall be the dnty 
of all sheriffs and constables to give immediate information to some 
justice of the peace of any violation of this section. 

The committee in framing this act has given serious consideration 
to the fact that at the present time the quantity of diamond-back 
terrapin in the waters of Xorth Carolina is extremely limited and is 
growing less and less every year, and unless some stringent remedy is 
employed to protect the terrajnn. it is the question of bnt a few years 
\vh( n this valuable food product will be entirely exterminated. It is, 
therefore, absolutely essential that the closed season shall extend 
from the first day of JMarch through the thirtj'-first day of Angnst 
and that this law shall be vigorously enforced. 



44 JfEPOKT OF COMMITTEE ON FISHERIES. 

OYSTER INDUSTRY. 

After luatiu'e dclilicrat i(_)n the coiiiiiiirtcc \V( vc of the iinaiiinions 
opinion that a Sliell-iisli ( 'oinniissiun slionld l)c fstal>lislic<l and inan- 
gnrated by the Lei;i.slatnn' on similar lines as those relating' to the 
fornnition of the Fish CV)niniission ; l)elievinu' that if leaislation is 
obtained regarding the enltivation of the oyster and the leasing of 
bottoms for that purpose, it will reipiire the kShell-hsh Commissioner 
and the De]intA' C-ommissioner to devote all their time to the carrying 
out of the dnties of their otHce. The eianmittee, therefore, nnani- 
niouslv re<'onimend tlie <ii-ganization of a Shell-tish Commission 
according lo the following : 

1. North Carolina Sheii-fish Commission, The siull-tish Com- 
mission shall, except as in this act otherwise ])ro\'ided, consist of a 
single CommissioiK r. He shall be appointeil by the (n)\-ernor by and 
with the a<l\ice and consent of the Senate Avithin thirty days after 
the passage of this act. lie shall be responsible for the carrying (jnt 
of the dnties of his ofHce to the Geological and Economic Snrvey 
J5oard, and shall make s( nn-annnal re|)orts to them. The term i:»f office 
(d' siicdi (Commissioner and his successors in otiice shall l»e tonr years or 
until their snccessors ai'e appointed ami <pudi1ied, and in case (d' 
^■acancy in the ofHce, the a})j)ointinent shall l)e to iill the vacancy. 
The said Comnnssioner shall a])point a I)e])nty (Commissioner, who, 
(hiring tlie absence or inability to act of the Connnissioner, shall have 
and e\er(dse all cd" the })owers of the C^:lmmissioner. The Shcdl-tish 
( 'ommissioner an<l Hepnty ( 'omnnssioner shall eacli execnte and 
file with the Secretary id' State bonds in the snni of sex'en thonsand 
an<l five thonsand dollars respectively, with snreties to be a])|trove(l 
by the Seci'etary of State, conditioned for the faithfnl ])erforimnice 
(d" their dnties and t(» account for and pay ovei', pnrsnant to law, all 
moneys r(('eive(l hy thi'm in their otiice. The Sh(dl-hsh Commis- 
sioner shall take and snhscribe an oath to snpport the Constitntion 
and tor the faithfnl ])erf(n'mance of the dnties of his otiice, wdncdi 
oath shall b<^ hle(l Avitli the l)ond. The Depnty (Commissioner nniy be 
remox'ed from his ofhce for canse by the (Commissioner, wdio may 
a]ti)oint his snccessor. 

Inspectors, how appointed; term; salary; bond; oath of office. 

The Slieli-tish ( 'omndssioner shall ap])oint. from the connti(s within 
which they are to perform their dnties, a sntficit nt nnmbei' of ins])ect- 



REPORT OF COMIMITTEE ON FISHERIES. 45 

OTs, who shall serve diiring the oyster season, and may remove them 
for cause. Pie shall fix the compensation of the inspectors at not 
exceeding fifty dollars a month while on duty, and shall designate 
the length of service, the time wdien the inspectors go on duty and 
when they go ofl^. The inspectors shall give hond in the sum of five 
hundred dollars, payable to the State of jSTorth Carolina, conditioned 
for the performance of the duties of their office, and the faithful 
accounting for all moneys received, which bond shall have at least two 
sufficient sureties, to be justified before, approved by, and filed with 
the Clerk of the Superior Court of the county where they reside, and 
shall take, subscribe, and file with such Clerk an oath of office. They 
shall be paid only for the time they serve. 

Office and clerical force. The (Commissioner shall have an office 
in some town conveniently located to the oysterd)eds of the State, and 
he is authorized to employ such clerks as may be necessary for the 
pro]ier carrying on of the work of his office. 

Equipment. The Shell-fish Commissioner is authorized, by and 
Avith the consent of the Geological and Economic Sui-vey Board, to 
purchase or rent such boats, dredges, and other e(pii])meut as may be 
necessary to enable him and his deputies to carry out the duties of his 
office as specified in this act. 

Duties of the Shell-fish Commissioner. The Shell-fish Commis- 
sioner shall have a general supervision over every branch of the shell- 
fish industry, including the 03'Ster, clam, scallop, and other moUusca, 
and see that the laws regulating the same are rigidly enforced. 
He shall collect and compile statistics showing the annual ])roduct of 
the oysters, clams, and other mollusca that are taken out of the waters 
of the State, and the capital invested and the apparatus employed ; 
he shall have surveyed and marked in a prominent manner those 
areas of bottoms in the waters of the State in which oyster-tonging 
or dredging is prohibited by law, or those areas which are leased for 
the purpose of the cultivation of oysters or clams ; he shall be responsi- 
ble for the collection of all license fees, taxes, fines, or other imposts 
upon any of the shell-fish fisheries, and shall receive all fines im- 
])osed for the infraction of the shell-fish laws, and shall collect all 
rentals for bottoms leased for oyster or clam cultivation, and shall 
pay same into the State Treasury to the credit of the Shell-fish Com- 
mission fund to be drawn upon as directed by the Geological and 



46 KEPOKT OF COMMITTEE ON FISHERIES. 

Eeoii(»inie Siirvev Ijonivl; lie shall sec that the laws regulating the 
catching and handling of oysters, clams, and other mollusca are en- 
forced ; that iiu illegal methods are used in catching, selling, or ship- 
ping; that the cull law is rigidly enforced, and that only proper and 
legal methods are used in buying and selling. He shall prosecute all 
\-i(>hiti<ins of the law, and whene^■(■r it is necessary he nniy employ 
counsel for this ]iur})Ose. He shall in his otlicial caiiacity ha\'e power 
to athninister oaths and to sen<:l for and examine ])ersons and papers; 
he shall, on or before the twenty-hfth day of each month, nniil to the 
Treasurer of the State a consolidate(l statement showing the amount 
of taxes collected during the preceding month, and by and from whom 
col](>cted. lie shall nud^e a semi-annual re})ort to the (leological and 
Economic Sur\'ey IJoard, setting forth in detail an account of his 
olHcial acts, the condition of the oyster and other shell-fish industries 
in all their liranches, and shall recommend such additions to or modi- 
fications (if existing laws relating thereto as he may deem jiroper and 
necessary. 

Arrests without warrant, when and how made. The Shellfish 

C'onnnissi(_iner, Deputy (\:tnnuissioner, and inspectors shall have 
]>ower, with or without warrants, to arrest any person violating the 
tishery laws. 

Power to take oysters and clams. The Shell-hsh Commissioner 
and the United States iJureau of Fisheries ma_y take and cause to be 
taken for scientific ]mr]ioses any oysters, clam, or other mollusca at 
any time from the waters of the State, any law to the contrary not- 
withstaiiding. 

Salaries. The salary <>{ the Sludl-fish Commissioner shall be fif- 
teen hundred dollni's ))er year and the ex])enses uecessarily incurred 
by him in the discharge of his duties. The salary of the Deputy 
Sliell-hsli ( \)nimissioner shall be nine hundred d<illars ]ier year and the 
expenses necessai'ily incurred hy him in the discharge of his duties. 
'Idle salaries <d' (derks and of scientific assistants whitdi may l)e em- 
jiloyed fr<im time to time are to be fixed by the Geological and Eco- 
nomic Sur\'ey ] )o;ird. 

No interest in oyster, clam, or other mollusca fisheries. Tlie 

Shell-tish Comniissi(tner, Deputy Conimissi(;iner, and inspectors shall 
not be interesied in nnv oyster, clam, or otlier mollusca fishing indus- 
trv in X<irtli ( 'arolina. 



REPOKT OF COMMITTEE ON FISHERIES. 47 

Revenue. All license fees, taxes, rentals of oyster and elam bot- 
toms, lines or other imposts upon the oyster, clam, scallop, and other 
mollusca fisheries, or fines imposed for infraction of the oyster, clam, 
and other mollnsca fishery laws, in whatever manner collected, shall 
be paid to the State Treasurer to the credit of the Shell-fish (Commis- 
sion fund, to be drawn upon as directed by the Geological and Eco- 
nomic Survey Board, and shall constitute the revenue of the Shell- 
fish Commission. 

If the org-anization of a Shell-fish Commission as outlined above is 
incorporated, then Sections 2398, 2403, 2404, 240r., 340G, 2407, 
2422, which are given beyond, should be rejiealed. 

PRESENT LAWS RELATING TO OYSTERS. 

The present laws relating to oysters and clams as gi\en in the Code 
Revisal of 1905 were then considered, the committee ]:)assing the fol- 
lowing resolutions : 

That section 

2371. Natural, defined. A natural oyster or elam bed, as distinguished from 
an artificial oj'ster or clam Ited, shall be one not planted by man, and is any shoal, 
reef, or bottom where oysters are to be found growing in sniru'icnl quantities to 
be valuable to the public. 

1893, e. 287, s. 1. 

be amended so as to read as follows : 

In the waters of jSTorth Carolina a natural oyster n of or bottom 
shall be considered and defined as an area containing not less than a 
continuous area of one acre of the bottom on which oysters are found 
growing natural at the time or have been so found dnring a period of 
five years preceding the time at which the decision be made and in 
sufficient quantities to make their fishing profitable by means of hand- 
tongs on such ground as are reser\'ed exclusively for tonging, or 
dredges on such beds as are designated for dredging: Frovklcd, that 
no intervals of less than one hnndred yards shall be considered as 
breaking the continuity of the bed. 

That section. 

2372. Planted in certain territory. Any inhabitant of this State may muke 
a bed in any of the waters of this State, except that part designated as lying- 
south of Roanoke and Croatan sounds and north of Core Sound, and lay down or 
plant oysters or clams therein, having first obtained license as hereinafter directed 
from the Superior Court Clerk of the county wherein such bed may be, and he 



48 IJEPOKT OF COAnriTTEE ox EISIIEKIKS. 

iiia\' slake fnit tlic yroiinds so as to iiirludc luit cxci'iMlijiu' ten acres with good 
and sidislaiitial stake's, extendino- at least two feci aliove liigli water-mark, and 
])kice(| at such intervals as t<i make the houndaries nf sucli heil (ir i^arden distinctly 
known; and cveiy person who shall ohtain such license shall liold the same and 
have exclusive iirivilegi' tliereof to him. his heirs and assiiins. lint no ]ierson 
may have more than one such bed in the same county: I'fariilrd. nothiiiL;- herein 
shall lie constiau'd to all'ect the rights of any owner or ]iro]irietor of lands in 
which there may he creeks ov inlets, or which may he adjacent to any navigable 
waleis. oi- to authorize any person to ai>]ircj)]-iaie 1o his own use or to slake ott' 
and enclose any mitural oyster or <dam bed. o)- in anywise to infringe the common 
right of the citizens of the State lo any such natural bed or to ol>struct the free 
navigation of tlie waters aforesaid. 
Code. s. :VM)0: ISS;]. e. 332. ss. 1. I. 

be r('])('al(Ml, ^irovidcd tlic Icgislatiem relntiii"' tn tlic eultivatidii of the 
ovsrcr is ])assc(l. 

That scetioii 

2373. How license is obtained, ^^'hcne^er a li<cnse i-v desired according to 
tin- jirei/eding section, the ('Icrk of the Su|ieri<ir ('ourf of llie county wlierein the 
pid|)(ised oyster or clam bed may be may. in his discretion, urant a license to 
make sucli oyster oi- clam bed to any inhabitant (d' this State who shall apply 
therefor as herein ])i-o\ided: such ajiplicant ^hall tirst stake oil' the jiroposed 
oystei" or clam hi'd as jirovided in the preceding sectioii. .and shall pul)lish a 
notice for thirty days at th<' courtdiouse {lo( r (d the county wlier(Mu said bed 
is ])ro]iosed. designating the location thereof as near as may h<' and the day 
^^hen lie will a])ply for the issuing such lici use. r])on llie day named in said 
n(dice upon which ajijdication for such lieen>e is to be unde any inhabitant of 
such county shall ha\c the right to a]>pear Ixd'ore said ( 'lerk ami object to the 
issuing of such license by tiling an allidavit stating that the proposed oyster or 
(d.am lied is a natural oyster oi- (dam be<l. If the said a]iplie:int shall refuse to 
file an allidavit denying the |iro]iosed cy-ter or idam bed is a natui'al bed. the 
said (derk shall refuse to grant such license. If such apidicant shall file an 
aHida\'it denying that such ])roposed l)ed is a natural bed. it shall )ie the duty of 
such tdei'k to transmit said aflldavits to the next term of the Court of said 
c<iunty. and at said term llu- issu(> shall hi' tried to deterniine whether the pro- 
posed bed is a natural bed. and after such trial the said (derk shall grant or 
refuse said license in accordance with the judLjincnt icndered upon the determina- 
tion of smdi issue. 

Code, s. 3391: 1S93, e. 2.S7. s. 2. 

1)0 repealed. 

Tliat section 

2374. County Commissioners to cause survey to be made, ddie Hoard of 
Cimnty Commissioners may in their discretion cause to be made, not oftenei- than 
once in tw(dve months, a survey and examination <d' any and e\'eiy such oyster or 
clam bed or garden in thcdr county, llie result of which cxanunation or survey 
shall be i-cported under <ialh to tin- (derk of the Sujierior Court i and if it be 



KEPOKT OF COMMITTEE OX FISHEKIES. 4'J 

fouiul that the lioldcr of siU'li license as aforesaid has included within his stakes 
anv natnral oyster or idaui bed. oi- a space conlaininji- more than ten acres, he 
shall forfeit such license and all the rights and privileues thereto belonging; 
further, if the holder of such license fail for the space of two years either to use 
such bed or to keep it pro])erly designated by stakes, he shall forfeit such license 
and all the rights and ])rivileges therein granted. 
Code, s. 3;592: ISS:]. c. .S;!-2, s. 4. 

be repealed, jji-ovided the legislation relating to the cultivation of the 
oyster is passed. 

That section 

2375. Under control of the State. The 8tatt» shall exercise exclusive juris- 
diction and control over all shell-fisheries which are or may 1)e located in the 
boundaries of the State south of Roanoke and Croatan sounds and north of 
Core Sound, and for the purposes of this chapter the southern boundary-line of 
Hyde County shall extend from the middle of Ocracoke Inlet to the Royal Shoal 
lighthouse, thence across Pamlico Sound and with the middle line of the Pamlico 
and Pungo rivers to the dividing line between the counties of Hyde and Beau- 
fort, and the northern boundary-line of Carteret County shall extend from the 
middle of Ocracoke Inlet to the Royal Shoal lighthouse, thence to the P>rant 
Island Shoal lighthouse, thence across Pamlico Sound to a point midway 
between ]\Iaw Point and Point of ^larsli, and thence with the middle line of the 
Neuse River to the dividing line between the counties of Carteret, Craven, or 
Pamlico, and that portion of Pamlico Sound and the Xeuse and Pamlico rivers 
not within the boundaries of Dare, Hyde, or Carteret counties, and not a part 
of any other coimty, shall be in the county of Pamlico, and for the purposes of 
this chajiter and in the execution of the requirements thereof the shore line as 
now defined by the I'nited States Coast and Ceodetic Survey shall be accejHed as 
correct. 

1887, c. 110, ss. 1, 2. 
be repealed. 

That section 

2376. How beds entered. Any person a citizen and hand fuh:- resident of the 
State desiring to raise, plant, or cultivate shell-fish upon any ground in the 
county, and within the territory described in the preceding section, which has 
not been designated as public ground by the P>oard of Shell-fish Commissioners 
and which is not a natural clam or oyster bed. may make ap]>lication in writing, 
in which shall be stated as nearly as may be the area, limits, and location of the 
ground desired, to tiu' entry-taker of the county in which the said area for 
which application is made is situated, for a franchise for the purjrose of raising 
or cultivating shell-fish in said grounds, and the said entry-taker having received 
said application shall pidceed as with, all other entries as provided in the chapter 
entitled Grants, except thai the warrant to survey and locate the ground or 
grounds shall be delivered to the engineer appointed by the Secretary of State 
and not to the county surveyor; and the said engineer shall make such sui-A'eys 
in accordance with the ])rovisions of the chapter entitled Crants, except that it 



50 KEPORT OF COMMITTEE u.\ ITSIIKIJIKS. 

shall not be ncc-rssaiy to employ cliaiii-licarers nor to adminirttrr oallis t(j assist- 
ants, noi- to make surveys, aecoiding to llie priniity of the application or warrant. 
Xo enti'v shall l)e made to cover any natnial oyster or clam bed as detined in 
this e •. I r of any land lyini;' more than 1 w o miles t'rnni (lie mainland oi' 

from any island. 

1887, c. Uii, s. :>: i8!»3. c. 272. 

be repealed. 

That isfcTion 

2377. How leased. Any person who is and has been (•()ntiniiou->ly tOr two 
\ cais a Ixiiia fnh resident of the State of North Carolina and iiver twenty-one 
years of ai^e may least' or enter not more than fifty acres of any boltdin where 
oysters do not nainrally grow or on any ground whei'e there is not a snilicient 
growth of oysters to justify at the time of leasing the gathering of the same for 
profit. When any jiersmi desires to lease or niter any such ground he shall 
advertise the fact at the conrtdiouse and three ntlier ]daees for four weeks 
in the county where said bottom desired 1 ) l)e leased is locateil, and advertise 
in some newspaper jiublished in said county for fnur \\<'(ks. and if there lie none 
pnblished in said cnunty, then in a ncwsjiaper jmblished in an adjoining comity. 
Application foi- such land shall be made to the Clerk of ll:e Supeiior Covirt. wlio 
shall appoint a man and the a]i]dicant shall choose anoth<'i', which two so 
chosen shall appoint a third man. and tlu' tlirct' shall ccmstitide a board of 
ai-bitration, and the said board of arbitration shall inspect the bott(]m desired 
to be leased, and if Ihey find the same subject to lease and so report to tlie 
Clerk, then it shall be the duty of tlie said Clerk to issue a lease as herein 
[u-ovided, and fcu' such service the CliTk >ha]l receive the following fees, to-wit 
Twenty-live cents f(n- the application, twcntydive cents for the appointnnnit. and 
twenty-hve ecnt^ tor tiling the repoit of ai'bit rat ion. and copy sheet fees for 
recording >urh lease and other ]iapers nere-,sary to be i-erorded. Such bottom 
shall be surveyed by the couidy --niveyor : all co>t and cxiiense to be iiaid by tin' 
leasee, who shall also pay a yearly rental of lifty cents per acre, which rental 
shall be paid to the Oyster Commissioner and go to the benefit of the oyste>- 
fund. A failure to pay rental for two year> shall render the lease null and void. 
Xo bottom which has been surveyed ])rior to sixth day of Afarch, one thousand 
nine hundred and five, need be resnrveyed where such leases arc plainly marked 
at that time. The county surveyor shall furnish the lessee a maji or plot free of 
eharo-e. Xo lease shall lie issiu'd for any ground closer than two hundred yanls 
to any mituial oyster bed. 
I!l0r>. c. .')2.'>. s. 1^. 

he repealed, [)r()vide(l that the leiiislaiioii regardiiii;' tlie eiilrivanon ot 
the uvster is passed. 

Thai section 

2378. Secretary of State to issue grant; amount granted limited. The 
Secretary of State, on receijit of the Auditor's ecrtilicate as ju-ovided in the 
chapter on (Jranls. shall grant to the applicant ,i widtten instrnmeui romeying 
a perpetual f)anchise for (he purpose of raising and eultivatiiiL;- sh(dl lish in and 
to the grounds foi- which application is made; and the said written insUMunent 



KEPORT OF COMMITTEE OX FISHERIES. 51 

of conveyance shall be autlientieated by the GoAernor, countersigned by the secre- 
tary and recorded in his office. The date of tlie application for tlie franchise and 
a description of the ground for which such franchise was granted shall be inserted 
ill eacli instrument, and no grant shall issue except in aceordancf r>'i|th .i^iCertifi- 
cale from the engineer appointed by the Seci'etary of State as to the area, limits, 
and location of tlie grounds in which the said franchise is to be granted, and 
e\ery person obtaining such grant or franchise shall, within tliree months from 
the receipt of the same, record said written instrument in the office of the R,egister 
of Deeds for the county wherein the said grounds may lie and shall define the 
boundaries of the said grounds by suitable stakes, buoys, ranges, or monuments; 
l)ut no franchise shall lie given in or to any of the piildic grounds as determined 
by tlie commissioners of shell-fisheries, or to any natural o_yster or clam bed, and 
all franchises grantetl under this section or any previous law shall be and remain 
in the grantee, his heirs and legal representatives: PniriiUil, that the holder or 
holders shall make in gooil faith witliin five years from the day of obtaining said 
franchise an actual eti'ort to raise and cultivate shell-fish on said grounds. No 
grant shall be made to any one person of more than ten acres of any territory, 
and no person shall hold more than ten acres in any creek unless the same shall 
be acquired througli devise, inheritance, or marriage. 
18S7, c. 119. s. (>: 189:5, c. 272. 

I)(' repealed. 

That section 

2379. Price paid for franchise. Xot less than seventy-five cents per acre 
shall be paid to tlie State Treasurer for all franchises granted, and in all other 
respects as to protests of entry and the right of the Secretary of State to sell to 
any one else at an increased price the chapter on (irants shall ajiply. 

1887, c. 119. s. 7. 

Ik' repealed. 
'I'liat section 

2380. Liable to taxation. All grounds taken up or held for the purpose of 
.-ultivating- shell-fish shall lie subject to taxation as real estate, and shall be so 
considered in the settlement of the estates of deceased or insolvent persons. 

1887, c. 119, s. 9. 

!>(' repealed. 
T\vM section 

2381. Books of records of grants kept. The Secretary of State shall keep 
iioeks ot record in which sliall be recorded a full description of all grounds 
granted under tlie provisions of this chapter, and shall keep a map or maps upon 
which shall be shown the ]iositions and limits of all jjublic and private grounds. 

1887. c. 119. >. U. 

i.'e amended in that ''Secretary of State"' shall read "Shell-fish Com- 
mission," ^)rovided the bill creating the Shell-fish Commission is 
passed. 



52 KEPOKT OF COMMITTEE ON FISHEKIEH. 

That section 

2382. Form of grants approved by Attorney-General. Eiitiy-takcis shall 
make ictuin Id the Scrrctary of State of all traiu-liises granted under tins chapter, 
in the same manner as provided in the chajitri- entitled (irants. and the piovis- 
ions of that ehajiter are hereliy extended sd as to cdver the grants or franeliises 
in ground for raising or cultivating shell-tish as authorized hy this chapter; and 
all applieations, grants, warrants, and assiguiiients of franchises in or to oyster 
o-rounds sliall he in manner and form as apjiroveil hy the Attorney-( ieneial of 
the State. 

1887, e. Hit. s. 12. 

Ix' repealcMl. 

CATCHING OYSTERS. 

That section 

2383. Close season, exception. Tf any jieison sliall huy or sell oysters in 
the shell whicli ]]:\\'- hecn taken fidni the pul)lic grounds oi' natural oyster-beds 
of this State helwcen the first day of Aiuil and the first day of Octoher in any 
vear, he shall he guilly of a misdemeanor and he tineil not more than tifty dollars 
oi- iniiiriscned not more than thirty days: I'mrithtl. Ihat oysters /uay he taken 
with hand-longs (vnly during the month of .\|iril in any ycai', to he used for 
planting on private grounds, entered and hehl under the laws of this State: 
rinriihd fiirllicr. Ilia.l oysters may he taken with hand-to-igs only f<u- home con- 
sumption: I'niritUd [nil her. that coon oysters may he tid<en from Octoher first 
to May lirst (d" each year in the waters of Onslow and (':;vtere1 connlies: Pro- 
vided, also, that it shall he lawful to take or citch oysters on public oyster- 
grounds north df the line running fnim PdinI Teter lo Dut'k Island, exi'cpt 
between a line running from the east end of Hog Island to the beach and from 
IJallast Point to the beach in Dare ('ounty, to be sold to residents or non-residents, 
from April lirst to May lifteenth of each year. u]>dn the pavnu'ut iy the purchaser 
of a tax df due and one-half cents ]ier tub. 

l!IO:i c. :)l(i. s. ll: l!)(l.'). c. .IJ.'). ss. 5. S. 

he amended so as to read as follows: 

If any person shall hny or sell oysters in the slu'll which have heen 
taken from the ])ul)lic iiTonnds or natural oyster-heds of this Stale 
between the iirst day of April and the fifteenth day of OctolxM- in 
any year, he shall he onilty of a misdemeanor, and he tined not less 
than iifty (hdlars or imprisoned not h'ss than thirty days: Proridcd. 
that oysters may he taken with hand-toiios oidy diirinu' the mouth (d" 
A])ril in any vear, to be used for plantiiio' on jn-ivate i^roinids. euK red 
and held under the laws of this State, upon the condition further that 
they shall not be removed from said ])rivale beds within a ]ieriod of 
three mouths from time of planting-: Provided ftirlhcr. that oysters 
may be taken with hand-tongs only for home eonsum]»tion : Pr<n-idcd 
fiirfJicr. that coon oysters may be taken from October hrst to ?day 



REPORT OF COMMITTEE OX FISHERIES. 0-> 

first of each year in the waters of Onslow and Carteret comities: 
rrovidcd, also, that it shall be lawful to take or eateh oysters in })iil)- 
lic oyster-iiroiinds north of the line miniinii' from Point Peti'r to Duck 
Island, except between a line rminiiiij;' from the east end of TIo^' 
Island to the beach and from Ballast Point to the beach in Dare 
Comity, to be sold only to residents of the State for ])lantini;' pur- 
poses, from April first to May fifteenth of each year, npon the pay- 
ment by the purchaser of a tax of one and one-half cents per tub. 

That section 

2384. At night or on Sunday. Jf any person shall catch nr take any oysters 
from any of tlio public j^rounds or natural oyster-beds of the State at nicjlit or 
on Sunday, lie shall be ouilty of a niisdemearKn'. and be fined not exceeding;- Hfty 
dollars or imprisoned not exceeding thirty days. 

1903. c. 510. s. 10. 

remain as it is. 

That section 

2385. Illegal dredging. If any person shall use any scoops, scrapes, or 
dredges for catching oysters, except at the times and in the places in this chapter 
expressly authorized, or shall between the tiftli day of April ami the fifteenth 
day of November of any year carry on any l)oat or vessel any scoops, scrapes, 
dredges, or winders, sucli as are usmilly or can be used for taking oysters, he 
shall be guilty of a misdemeanor. 

1903, c. 510, ss. 13, 14. 15. 
remain as it is. 

That section 

2386. Catching oysters without license. If any person shall catch oysters 
from the public groiuids of the State without having first obtained a license 
according to law, or shall employ any perstni as agent or assistant, (u- shall as 
the agent or assistant of any person catch oysters from the i)ublic grounds, with- 
out all of said persons having first obtained a license acc(n-ding to law, he shall 
be guilty of a misdemeanor, and be fined not exc'cding fifty dollars or imi)risoned 
not exceeding thirty days. 

1903, c. 51(i, s. 0. 
remain as it is. 

That section 

2387. Using boats not licensed. If any person shall use any boat or vessel 
in catching oysters, which boat has not been licensed according to law, and which 
is not in all respects complying with the law regulating the use of such vessels, 
he shall lie guilty of a misdemean<ir. and shall be fined not mori' ilian fifty 
dollai's nor le>s than ten dollars or imprisoned not more than thirty nor less than 
ten days for (he first ofl'ense, but for the second or subseqiu'iit otrense he sliall 
be guilty of a misdemeanor, and punished at the discretion of the Court. 

1903. c. 510. s. 8. 

remain as it is. 



54 REPORT OF COMMITTEE ON FISnERIP:S. 

That, section 

2388. Displaying false number on boat. If :uiy per.son shall ilisplay any 
othei' iiuiiilicr on their .s;ul than the one specifi"d in tlicir licence, av display a 
nnmlicr when the boat or vessel has not been licensed, lie shall he yuilty of a 
misdemeanor and >iiall he fined not less than t\vendy-fi\e dollars. 

i!i(i;;. e. r)i(i, s. 27. 
remain as it is. 
That section 

2389. Failure to stop and show oyster license. If any jierson using a boat 
or vessel for the pnrpose of catching oysters shall refuse to stop and exhibit his 
license when ((ninnanded to do so by the Oyster Commissioner, Assistant Conimis 
sioner, or any iiispeetdr. he shall be guilty (if a misdemeanor, and be fined not 
less than twcntydh-e dollars nor more than fifty dnllars. 

llio;]. c. .")l(i. s. -Jli. 

remain as it is. 

That section 

2390. False statement in application for oysterman's license. If any per- 
son shall mike any false statement for tlie purpose of proi'uring any license 
which ma\- he re(|niiTd by law to catch (lysters, or to engage in ihe oystei' 
industry, he shall he guilty of perjuiy and punished as ]iro\ided by law. 

190:!. e. .")lti, s. 17. 

remain as it is. 

Tliat section 

2391. Dredging in prohibited waters. If any ])erson, after the (Governor has 
by ])roelamation suspended the right to use scoojjs, sera]ies, or dredges on the 
public groun<ls oi- natural oyster-beds of the State, shall during the time of such 
suspension and in Ihe waters as to which the right has been susjiended, use such 
instruments or implements to catch oysters fioui any of the public gi-ounds or 
natural oyster-beds of the State, he shall be guilty of a misdemeanor, and be 
fined not less ihan live hundred dollars or ini])risoiied not less than twelve 
months, and the iioat or vessel used for this ]iur])ose shall be forfeited and shall 
be seized, advertised, and s(dil by the Oyster ( 'omiiiissioner or by the inspectoi-s 
in the county ^vhereiu said illegal act was connnilted, and the proceeds paid into 
the oyster fund. In any prosecution for the violation of the provisions of this 
section against the master or owner of a boat or vessel, proof that said boat or 
vessel was equijiped with scoop, scrape, or dredge or other implement or instru- 
ment for eatehing or taking oysters other than ordinary oyster tongs, shall be 
/iriiiKi fiK-ic evidence of the defendant's guilt. 

1!)0:). e. .")l(i, s. 1!). 

renuiin as it is. 



KEPORT OF COMMITTKE 0?\ FISHEIUKS. 5.) 

Tlint section 

2392. Selling oysters not culled. If any person shall sell or offer for sale, 
transport <ir offer 1<> i rausport out of the State, or from one point in the State to 
anotlier. <,r ha\e in his possession any oysters which have not been properly culled 
ucc(n'(lini>- to law. he shall lie iiuilty of a misdemeanor, and he fined not exeeedinp' 
fifty (hiilars or iniitrisoncd not exceeding thirty days. 

190:^. f. .■)10, s. ;!. 

be repealed and the followiiio' substituted for it: 

A captain of niiv riiu nv buy boat who shall })iirchase oysters which 
have not been properly culled according to law shall, upon conviction, 
be fined lifty dollars or imprisoned thirty days, and the having of 
nnculled oysters aboard his boat shall be prima fane evidence of his 
having ])urchased them. 

Lt shall be unlawful for an}' person, firm, or corporation to pur- 
chase oysters which have not been properly culled according to law, 
and for each violation shall, u])on conviction, be fined fifty dollars or 
imprisoned thirty days: Provided, that when any ])erson, firm, or 
corporation shall furnish the captain of any rttn or buy boat with 
funds witli which to purchase oysters, they shall not be held responsi- 
l)le foi' his acts and shall not be deemed the purchaser of such oysters. 

That section 

2393. Oysters, where purchased to be carried out of the State. If any 

person shall purchase and load on any vessel or boat any oysters to Ije carried 
out of the State in the sh(dl. except at the followin(>- jilaccs. fn-wit. the south end 
of Roanoke Island. Stumjiy Point flay, Parched Corn Pay. \\ ysockino- Pay, West 
Bluff Pay, (ireat Island Narrows, or Swan (^)narti'r Pay (as the Oyster Commis- 
sioner may determine), Portsmouth, Ocracoke. P.ay River, mouth of Rose Bay, 
or Harbor Island: or if any person shall load uioie than one boat or vessel at 
any of said places at one and the same time, or if any person shall load any boat 
or vessel with oysters to be carried out of the State without such vessel having 
an inspector on board at the time the oysteis ire delivered, or slmll carry any 
vessel loaded or ])artly loaded with oysters through the canals without a certifi- 
cate showing that the oysters have been inspected and the taxes thereon paid, he 
shall be guilty of a misdemeanor, and be fined not uuuc than fifty dollars or 
imprisoned not more than thirty days. 
190:;, c. oPi. s. 17. 

b(^ re]iealed and the following substitute<l for it: 

Any cori)oration domiciled in this State with their factories, shuck- 
ing plants, and shipping depots located in this State, may enjoy the 
rights of fishing oysters from the natural reefs and of Ix-dding oysters 
on leased bed<ling grounds: Provided . such ovsters are canned. 



56 in<:poirr of coaimittek on fisiieiuks. 

slnu'kc(l, or jtacked iu this State, or shipped raw in shells from a shi])- 
piiig (le]»ot in this State for consumption either in or out of this State; 
hnr iio pei'son, hrm, or corporation shall ship oysters ont of this State 
for cainiini;- or packing ont of this State. As it is the desire of the 
State to enconrage the planting of shells (»n l)arren bottoms in this 
State, no oysters in shell shall be shi])ped ont of this State ^vitllont 
the slii])])er hrst obtains from the Sludl-tlsh Commissioner of Xorth 
Carolina ])ermit so to do, and for Avhich no charge shall be made by 
said ( Commissioner. 

That section 

2394. Unloading oysters on Sunday or at night. If iMiy ]i('rsnn sliall iinlnad 
any oysters tr(im any lioal. \i'sscl, oi- car at any t'actniy or luiusc fdi' lii])pinn'. 
sliuc'lvinji'. or canninL;- oyslcrs on Sunday, nr after sunset nr liefoi'e sunri>^e. lie 
shall lie jiuilty (if a niisdenieanor, ami lie fined nut niorc than fifty dollarsi or 
imjjrisoned not nmre than thirty days: rmriilcd. wlienextr any hoat cr \'t'ssel 
shall have partially unloaded or disehai'ued its can^d liefnre s\uisef, the remainder 
of said load or earyo may bo discdiarged in tlie [iiesence of an inspector. 

1 !)();]. c. oKi, s. k;. 

renniin as it is. 

That section 

2395. Dealing in oysters without license. If any ]iersi>n shall enuayc in the 
business of liuyine-. cannini^-, packing, shipping!, m- shuckini; (lysteis without 
haviny first dlilained a license as recpiired liy law. he shall be guilty (d' a misde- 
meanor, and be lined not exceeding; fifty dullars or imjnisdned not exceeding 
thirty days. 

1!»0;;. c. ,il(i, s. !). 

remain as it is. 

That section 

2396. Dealer failing to keep record. If any person engaged in buying, pack- 
ing, canning, slmcking, or shipjiing oysters shall fail Id keep a perr.ianenl recoi'd of 
all oysters bdunht by him or eanght by him, or hy jiersuns fdr him, wlien ami from 
wiiom li(iUL;h1, the numbei' of bnshtds and the price paid therefdr, or shall fail 
n|i(in demand to exhibit such record as i-eqnii'cd by law. or shall faii to xcrify 
the same, he shall be i^uilty of a mis<leniea nor, ami lie fined not exceeding;' fifty 
dollars or ini|i:isoned not exceeding thir.ty days. 

1 !)().">, c, oKi, s. ."). 

remain as it is. 



liEPOBT OF COMMITTEE OX FISHERIES. 57 

That section 

2397. Evidence of illegal dredging. If any boat or vessel shall be seen sail- 
ini;' on any of the waters of this State during tlie season when the dredoinfr of 
oysters is prohibited liy law in the same manner in wliieli they .-^,lil to take or 
catch oysters \vith scoops, scrapes, or dredges, the said lioat or vessel shall be 
pursued by any officer authorized to make arrests, and if said boat or vessel 
apprehended by said officer shall be found to have on Ixiard any wet oysters or 
the scoops, scrapes, dredges, or lines, oi' deck wet, indit'aling the taking or 
catching of oysters at said time, and pro])erly eqni])])i'il I'oi- eatcliing or taking 
oysters with scoops, scrapes, or dredges, sncli facts shall be jiriiiKi fticic evidence 
that said l)(!at or vessel has been used in violation of the provisions of the law 
prohil)iting the taking or catching of oysters with seoo])s. scrapes, or dredges in 
prohibited territory, or at a season when the taking or catching of oysters with 
scoops, scrapes, or dredges is prohibited by law, as tlie case may lie. 

inoa, c. alG, s. lis. 
1)0 aiiicii<lc(l so that tlio followiiitf is a(hle(l to this law: 

Any one viohitiiii;' this act shall be guilty of a inisdeineanor, and 
fined not less than fifty dollars or imprisoned not less than thirty days. 

That section 

2398. Arrests without warrant, when and how made. The ()ysler ( 'omniis- 
sioner, Assistant Oyster ('omniissioner, and inspeet(!rs shall have power witli or 
A\ithout warrant to arrest any person violating any of the oyster laws. 

190;3, c. olG, s. ■>. 

remain as it is. 
That section 

2399. Using illegal measures for oysters. ]f any person shall in Imying or 
selling oysters use any measure other tlian that prescrilied ))y law for tlie 
measurement of (n-sters. or if any dealer in oysters shall ha\'e i}i his jxissession 
any measure for measuring oysters otiier than tliat prescribed l)y law. he shall Ije 
guilty of a. misdemeanor, and be lined not exereding lifty dollars or iiu[)risoned 
not exceeding thirty days. 

i!»o;i, c. :>i(i. s. 11. 
remain as it is. 

That section 

2400. Catching oysters for lime. If any person shall take or catch any live 
oysters to be l)nrned for lime or for any agricultural or mechanical purpose, lie 
shall be guilty of a misdemeanor, and be fined not exceeding fifty dollars or 
imprisoned n<it exceeding thirty days. 

Code, s. o.'SS!); ISS."), c. 1S2. 

remain as it is. 



58 REPORT OF COMMITTEE OX FISHERIES. 

That sections 

2401. Larceny of oysters on private beds. Any person wlin shall feloni- 
ously take, catch, or capture or carry away any shell-fish t'l'oni the hcd or 
ground of another, shall be guilty of larceny and punished aecordinglv. 

1887, c. 119, s. 15. 

and 

2402. Oysters caught at night; Injury to private beds. If any jierson sliall 
wilfully coniniit any trespass or injury with any instrument or iuijdement upon 
any ground upon which shell-fish are heing raised or cultivated, or shall remove, 
destroy, or deface any mark or monuuimt lawfully set up for the ])urpose of 
marking any grounds, or who sliall woik on any oyster-ground at night, he shall 
lie guilty of a misdemeanor. But nothing in the proA'isions of this section shall 
tie construed as authorizing interference with the capture of migratory fishes or 
free navigation or the right to Tise on any private groumls any method or 
implement for the taking, growing, or cultivation of shell-fish. 

1887, c. 11!), s. 11. ^ 

1)!' ropealod and the fol](3wing suljsritiitcil for them: 

Section Any person who shall wilfully and without autlior- 

ity take or remove oysters from any land leased nndor the laws of the 
State of Xorth Carolina, or shall wilfully injure or interfere with 
the oysters of such land in any manner, or injure oysters theren])on 
situated, or wilfully remove, alter, or interfere with the stakes, buoys, 
or monnments marking the same, shall, npon conviction thereof, for 
the first offense be sentenced to imprisonment in jail er in the peni- 
tentiary, in the discretion of the ( 'ourt, for not less than three mouths 
and not mure than two years, and for the second or any sn])seqncnt 
eifense lie senteiieed to imprisonment in the penitentiary for not less 
than two years and not more than five years. 

Section .... Any })erson who shall work a dredge, serape, or pair 
of tongs or any other implement for the taking of oysters npon any 
land leased under the provisions of this ;u-t, vithout the consent of 
the lessee or owner, or who shall, while upou or sailing over any such 
gr<iund <ir lu'd, east, hanl, or have overboar<l any such dredge, scrape, 
or |)air of tongs or other implement for the takiug of oysters under 
any pretense <ir for any purpose whatever, without the consent of such 
lessee or owner, u])on conviction thereof shall for the first ofi'cnse be 
fined not less tlian fifty dollars nor more than two hundred and fifty 
dollars or, in the disereti(~in of the Court, be imprisoned in the jail 



REPORT OF COMMITTEE O^. EISIIEIMES. 50 

or the penitentiary for not less than three months nor more than one 
year, or shall be both so fined and imprisoned ; and for the second or 
any subsequent offense shall be sentenced to imprisonment in the peni- 
tentiary for not less than two years nor more than five years. 

That sections 

2403. Commissioner and assistant, how appointed, removed; term; 
salary; bond; oath of office. For tlie purpose of enforeint;' the oyster law. the 
Governor sliall appoint an Oyster Commissioner and an Assistant Oyster Com- 
missioner, whose term of olliee shall be two years, or nntil their successors are 
appointed and qualitied. They may be removed by the Governor at anj^ time for 
cause. The Commissioner shall give bond in the sum of two thousand dolUvrs; 
the Assistant Commissioner shall give bond in the sum of one thousand dollars. 
The bonds shall be payable to the State of North Carolina, shall be conditioned 
for the faithful discharge of their oftice and the proper accounting for all moneys 
received, shall have at least two sufficient sureties, and sliall be a]iproved by and 
tiled Avith the Clerk of the Superior Court of the county in wliich tlie ofiieer 
resides and be a part of the records of his office. Tliey shall take and subscribe 
oaths to support the Constitution and for the faithful performance of the duties 
of their office, Avhich oaths shall be filed with the bond. 'J'he salary of the Com- 
missioner shall be nine hundred dollars per annum, and he shall be allowed 
three hundred dollars for expenses. The salary of the Assistant Commissioner 
shall be seven hundred and fifty dollars per annum. The salaries shall be payable 
monthly. 

1903, c. .310. 

2404. Inspectors, how appointed; term; salary; bond; oath of office. The 

Oyster Commissioner shall appoint, from the counties within which they are to 
perform their duties, a sTilKcient number of inspectors who shall serve during the 
oyster season, and may remove them for cause. He shall fix the compensation of 
the inspectors at not exceeding fifty dollars a month while on duty, and shall 
designate the length of service, the time when the inspectors go on duty and 
when they go oti'. The inspectors shall give bond in the sum of five hundred 
dollars, payable to the State of North Carolina, conditioned for the performance 
of the duties of their olRce and the faithful accounting for all moneys received, 
which liond shall have at least two sufficient sureties, to be justified before, 
appro\'ed l)y. and filed with the Clerk of the Superior Court of the county where 
they reside, and shall take, subscribe, and file with such Clerk an oath of office. 
They shall be paid only for the time they serve. 
l!»0:i c. .")1C. 

2405. Duties of the Oyster Commissioner. The Oyster Commissioner shall 
have a general supervision over every branch of the oyster indiistry, and see that 
the laws regulating the same are rigidly enforced. He shall furnish the inspec- 
tors and the Clerks of the Superior Courts of the several counties mentioned 
in this subchapter such receipt and record books and other kinds of stationery as 
may be necessaiy to keep a correct record and account of all the money collected 
and all information necessary to be kept. Such stationery shall be furnished by the 
Commissioner of Labor and Printing upon requisition of the Oyster Commissioner. 



GO IfKPOKT OF COMMITTEE ON FISIIEKIES. 

Hf sliall sec thai tin' law rci^ulating the catcbin*;' and liaiidling' of oysters is 
('iifnifcil ; tliat no illi'.yal methods are used in catehin;^-, sellini;', or shippini;- ; that 
the cull law is i-i,t;idly enforced, and that only jiroper and legal me.isnrcs are 
used in linyiiig ami selling, lie shall jiroseente all violations of the law. and 
whenever it is iicecssary lu' may employ eonnstd for this pnrjiose. lie may also 
eniplo\- or charter sail \esstds. tugs, and other lioals when neccss;iry to tlie per- 
formance <if the dnlics of his olhce. lie shall in his ollicial capacity have power 
to administer oaths and to send for and examiii" jiei'sons and ])ai>eis. He shall, 
on or before the twenty liflb day of eacli mont'i, mail to the Treasurer of the 
State a consolidated slatement showing the amount of taxes c(dlei-ted during tlie 
piec'ding month and l)y and from whom colled rd. He shall make a liiennial 
re])ort lo the ( bixcrn.oi-. stdting forth in (hdail an account of his olhcial acts, the 
condition of the cystci- industry in all its hranches, and shall ri'conunend such 
additions lo or nioilihcalions of existing laws rehiting therclo as he may deem 
proper and necessary. lie shall ha\e ]iowcr and authorily and i1 sliall he his 
dutv to nud'Ce and iircseiihe all such i-easiinahle I'ules and i-cgulaiions as nniy he 
necessarv a.nd to carry iido ellect and operation the laws relati\-e to the oyster 
industry according l<> its true intent and jmi-poses. 

I'.in;;. <•. :>\ii. ss. ;;, is. 

2406. Duties of the Assistant Commissioner. The Assistant Oyster Com- 
missioner shall lie charged witli the special supervision, under the Commissioner, 
of all inattcis relating lo oyster industry in the ditlVrent c(junties. He is jiarticu- 
larlv charged witli the riuid enfor-cement of the cull feature (f the law, the 
provisions against the use of illegal measures in Imying or s-dling. and the 
unlav.ful use of scoojis. scrapes, and dredges in the hays, creeks, straits, sounds, 
livers, and tludr tributaries, and elsewhere where the same is pmhihited. 

I'.M):^, c. :•>]{>. s. ;!. 

niid 

2407. Duties of inspectors. The ins]K'ctors shall, undei- the Conunissioner 
and .\ssi-.taut Commissioner, he charged with all matteis relati'.g to the oyster 
industry in ilieir rcs])eclive countii's; they shall inspect :ill oysters olVered for 
sah' in their .•ounly, sei. that they are projicrly culled, see that none id' the pro- 
visions of the law regulating the oyster industry are \iolated. c(dlect all taxes 
from dealers on oysters puichased or c.iught, kccji a corr-ct r<'ccird of all taxes 
e(dlected \>y them and from whom and for what purjiose t'ollccted, and on or 
hcfoi-e tic lifth day (d' each moidh mail to the Oyster Commissioner a report, on 
such form as he nriy prescribe, showing all t i.\e< colle.-ted by th.an and from 
whom received. r,nd at the same time |.ay over to the Conunissioner the amouid, 
of such taxes. 

liMi:;. r. ."■)i(). s. ;>. 

1k" ivj'.calc'il l)y llic Lcii'islatmv, provi-lcd tlic ui'^aiiization of the Shc'll- 
iisli ( 'niiiiiiissidii as (nitlincd above is ])assc(l. 

Tliat seel idll 

2408. Who may be licensed to catch oysters. Xo jn rson sliall be licensed 
to catch nysters from the ]iuldic grounds (d' the Stat.' who is owner, lessee, 
master, captain, mate, or foreman, or who owns an interest in or who is an 



EErORT OF COMMITTEE OiN' FISHERIES. Gl 

aiient fur any l)oat that is used or tliat may bo used in dredoino- oysters from 
tlie public grounds of the State, who is not a bona fide resident of this State and 
who lias not continuously resided therein for two years next preceding the date 
of his application for license; and no non-resident shall be employed as a laborer 
on any boat licensed to dredge oysters under this subchapter wdio has an interest 
in or who receives any prolU from the oysters caught by any boat permitted to 
dredge oysters on the public grounds of the State. Any person, firm, or corpora- 
tion employing any mm-resident laborer foibidden by -this section, upon convic- 
tion shall be fined not b'ss than fifty dollars nor more than ilve hundred dollars. 
190;|, c. 51(i. s. (i : 1!K)."), c. .")-25, s. 3. 

remain as it is. 

That section 

2409. How license obtained to catch oysters; who may issue; form of. 

Any person desiring to catch oysters from the ptdilic grounds and natural 
oyster-beds shall make and sid)scril)e to the following oath, before some ollicer 
qualified to administer oaths: 

I, (state if ownei', lessee, master, captain, mate, foreman, or agent 

of any boat used or that may be used in dredging oysters fi'om the public grounds 
of the State), being an applicant for oyster license, do solemnly swear that I am 
a citi/en of North Carolina and have been a resident of the State for the two 

3^ears next preceding this day: that my place of residence is now in 

county; that 1 will not, if granted license, employ any non-resident or unlicensed 
person as an assistant or serve as an assistant to any non-resident who is owner, 
lessee, master, captain, mate, or foreman, or who has any interest in. or in the 
profits derived from, any boat that is used or that may l)e used in dredging oysters 
from the public grounds of the State, or unlicensed person, nor will I transfer, 
assign, or otherwise dispose of my license to any person, firm, or corporation; 
that I will not knowingly or wilfully A'iolate (u* evade any of the laws nv regnla- 
tions of the State relating to oyster industry: so help me. God. 

He shall then present to and file said oath with the Oyster Commissioner, 
Assistant Oyster Commissioner, or ins])ector. who. if satisfied with the trutli of 
the statement made in the oath of application, shall issue to him an oysterman's 
license in the following form: 
State of North Carolina County. 

, a resident of county, having this day made 

ajiplication to me for an oysterman's license, and having filed with me the oath 
presciibed by law, I do hereby grant to him license to catch oysters from the 

public grounds of this State from the fifteenth day of October until the 

first day of next April. Witness mv hand and oflicial seal, this the dav 

of '. , 1!) ' ■. 

Oyster Commissioner, Assistant Oyster Commissioner, or inspector (as the case 
may be ) . 

The said oath and a record of the license shall be kept by the Oyster Commis- 
sioner, Assistant Commissioner, or inspector, and for issuing and recording the 
same he shall receive from the applicant a fee of twenty-five cents, wbioli, 
together with all other license fees collected under this chapter, shall be paid 
over to the State Treasurer and constitute ]iart of the oyster fund. No fee 
shall be charged by the Clerk for administering the oath. 

1903, c. 51ti. s. 7: 190.>. c. 525, ss. 4. G. 

Note, — For making false affidavit, see Crimes. 

be amended so that "a fee of twenty-five cents" shall read "a fee of 
one dollar." 



62 EEPOltT OF COMMITTEE OA^ EISHEKIES. 

That section 

2410. License for boat used in catching oysters. The Oyster C'oininissioner, 
Assistant (Jyster C'diiniiissioner, or inspector may grant license for a Ijnat to be 
used in catcliing oysters, iipo*ii application made according to law, and tlie pay- 
ment of a license tax as follows: On any boat or vessel without cabin or deck, 
and under custom-house tonnage, using scoops, scrapes, or dredges, measuring, 
over all. twenty-live feet and under tliirty, a tax of tliree dollars; tafteen feet 
and under twenty feet, a tax of two dollars; on any boat or vessel with cabin or 
dcek and under custom-house tonnage, using scrapes or dredges, measuring, over 
all, thirty feet or under, a tax of live dollars; over thirty feet, a tax of six 
dollars; on any boat or vessel using scnojis, scrapes, or dred.i^cs, recpiired to be 
registered or enrolled in (he cnstoni-iionse, a tax of one (h.dlar and fifty cents a 
ton on gross tonnage. No vessel projidled by steam, gas. or electricity, and no 
boat or vessel not the property absolutely of a citizen or citizens of this State 
on tlie lirst day of January, one tlmusand nine hundred and three, or unless built 
or owikmI in tliis State sul]sc(|ucnt theicto and actually owned by a hoiia fide 
resident of this ,St:ite luider this ehapter, shall receive license or be permitted in 
any manner to engage in the calrhing of oysters anywliere in the waters of 
this State. .Ml lioats or vessels so liet-nsed to scoop, scrape, or dredge oysters 
shall display on the jnu't side of the jili, al>o\e the reef and bonnet and 
on the opposite side of mains;',il. above all rerf jioints, in fdack letters not less 
than twenty inches long, the initial letti'r of the county granting the license and 
the number of said license, the number to be painted on canvas and furnished by 
the Oyster Commissioner, Assistant Oyster ( 'ommissioner, oi- inspector issuing 
the license, for which he shall receive the sum of lifty rents. Any l>oat or 
vessrd used in catching oysters without having complied with tlic provisions of 
this section nuiy be seized, forfeited. advi>rtised for twenty days at three public 
places ill the county where seized, and sold at some public place designated in the 
advertisement, and the proceeds paid into the oyster fund. 

IDO.S. c. 510, s. 8. 

remain as it is. 

That section 

2411. License to oyster dealers. The Oyster Commissioner, Assistant Oyster 
Commissioner, m' inspector, shall, ujion application and tlie payment of a fee of 
lifty cents, grant to the aiiplicant a dealei"s license, authorizing the applicant to 
engage in the bu,--iness of buying, purchasing, canning, packing, shucking, or 
shipping oysters. Such license shall not be issued prior to the lifteenlh day of 
(Jctober of any year and shall expire on tlie lirst day of A]u-il following. The 
Assistant Oyster Commissioner or inspector gie.nting the license shall at once 
mail a duplicate to the Oyster Commissioner. 

1!)0:!. c. 51(1. s. !); lOO.l, c. :rl5, s. (i. 

remain as it is. 

Tltat section 

2412. Licenses reported monthly. The Oyster Commissioner. Assistant 
Oyster Commissi(]ner. or inspector, who are authorized to issue licen-e or to 
collect a license tax, sliall, on or before the fifteenth day of each month, mail 



REPORT OF COMMITTEE ON FISHERIES. Go 

to the Oysster ( 'oimnissioncr a statement sliowing all licenses issued during the 
preceding month, to whom issued, and for what purpose, and the amount of tax 
collected by them from all sources under tlie oyster laws, and shall at the same 
time remit said amount direct to the State Treasurer. They shall at the same 
time mail to each inspector asking for the same a list of all ])('rsons to wliom 
license has been issued and of all boats or vessels licensed, and for what ])urpose. 

1903. c. 516, s. 4: 1905, c. rrlo, s. 0. 
remain as it is. 

That section 

2413. Dredging, when allowed; prohibited territory. Any bona fide resi- 
dent of the State duly licensed according to law and using a licensed boat or 
vessel may use scoops, scrapes, or dredges in catching or taking oysters from the 
fifteenth day of November in each year to the first day of April following, from 
the public grounds and natuial oyster beds in the l>road open waters of Pamlico 
Sound, Pamlico River, Neuse River, and Long Shoal Kiver, except in those 
portions of said sound and rivers in which the use of such instruments and 
implements is prohibited as herein provided. No pers(Ui shall use any imple- 
ment or instrument except hand-tongs in catching oysters in any bay, river, 
creek, strait, or any tributary of such which border upon or empty into Pamlico 
Sound, Pamlico River, or Long Shoal River, except as hereinafter jjrovided ; and 
any point inside of a line drawn from the farthest or extreme outward point of 
land or marsh on the one side to the farthest or extreme outward point of land 
or marsh on tlie opposite side of any creek, strait, or bay, sh-all l)e construed lo 
be within the skid creek, strait, or bay for the ])urposes of this section. Nor 
shall any person use any implement or instrument except hand-tongs in the 
waters of Pamlico Sound from what is known as the Reef or Reefs in the eastern 
portion of said sound to the line of bardcs bordering its eastern shores; nor 
along the shores of Pamlico County inside of a line beginning at INIaw Point and 
running to the west end of Brant Island, thence to Pamlico Point; nor in the 
waters of Pamlico Sound north of a line running from Long Shoal light lo Gull 
Nhoal life-saving station, from the first day of February of each year to the 
fifteenth day of November, nor in any of the waters of Carteret County. And 
for the purpose of this section, the northern boundary of said county shall be a 
line extending from Swan Point to Harbor Island light, thence a line to South- 
west Straddle light, thence a line to Northwest Point liglit, thence a line to the 
middle of Ocracoke Inlet; nor in the waters of Neuse River aliove a line in said 
river ruiuiing from Carbacon buoy to the western point of land at Pierce's Creek. 

1903, c. 51G, ss. 13. 14, 15; 1905, c. 507, s. 2. 

remain as it is. 
That section 

2414. Governor may suspend right to dredge. The Governor, upon the 
request of the Oyster Commissioner, may, whenever in his judgment it is neces- 
sary, by proclamation, suspend entirely the use of all scoops, sci-apes, or dredges 
in any of the waters of the State, either for a definite period of time or until the 
sitting of the next General Assembly. 

1903. c. 510, s. 19. 
remain as it is. 



64 REPOKT OF co:mmittee on fisheries. 

That soction 

2415. Oysters culled on grounds. All dV-t^Ts tikcn fioir, iln' jnililii' grounds 
of lliis .State, with wluitisoever iiistruniciit nr iiiiplv'iui'iit . shall he eullril. and all 
oystfi'js wh'dsc shells measure less than two and ime-half inches frnni hin.^e to 
mouth, except such as are attached to a larye oyster and cannot l)e removed 
without destroying;- tlie small oyste)-, and all sliells taken with the sanl oysters 
shall he returned to the public ground when and where taken, and no oysters 
shall he allowed hy tlie inspectors to he marketed which shall consist of more 
than ten jier cent, of such small oysters and shells, exce]tt ■'coon" oysters and 
(►yst<'rs lai-.i;-ely covered with mussels: Pntruhd. these musseled oysters must not 
contain mere than live per cent, of shells or snnill oysters under regulation size. 

i!)0:5. c. ."^ic, s. 11 ; inn.-), c. :yio. 

be ameiidod so that in the third and fonrth lines "two an<l onedialf 
inches from hinge to month" shall read "three iuehes in longest 
diameter." 

That scetidii 

2416. Oysters not culled seized and put on public grounds. Whenever 
oysters are <ilVered for sale or loaded n])on any vessel, car, or train, without 
having lieen properly cnlled according to law. the ('oiiimissioiuM-. Assistant t'oni- 
missioner. or inspectm- shall seize the hoal, vessel, cai', or train containing the 
same and shall cause the said oysters to he scittered ujion the puhlic grounds, ami 
the costs and expenses of said seizure ami t rans|iort at ion sliiill he a prior lien 
to all liens on said hoat. vessel, car, tw \\;\\\\. and if nnj p-iid on demand the 
otlicers nuiking the seizure shall, after adx'ert iseiiient for twent\ days, sell the 
same and nmke title to the purchaser, and after paying exjienses as aforesaid pay 
the l)alance. if any. into the oyster fund. 

U)03, c. .^Iti. s. :;. 

XoTE. — For s<dling uncuUed oysters, see s. -I'.V.yi. 

1k' repealed, as amended Section -loW.) iiududcs this. 

That section 

2417. Dimensions of oyster measure. All oysters nu'asurcd in the shell 
shall he measured in a circular tub with straight sides and straight solid bottom, 
with lioles in the bottom not more than onehtlf inch in diameter. The said 
measure shall have the following dimensions; A bushel tub shall nu-asure 
eighteen inches from inside to inside across the top, sixteen inches from inside 
to inside ehindi to the bottom, and twenty-ou" inches diagonal from inside chimb 
to top. All nn'asures used for buying or selling oysters shall have a brand, to 
be ado]itcil by the Oyster Commissioner, stamped therein by said Conunissimier, 
Assistant Commissioner, or his lawful inspeet(U-s. All measures found in the 



REPORT OF COMMITTEE ON FISHERIES. 65 

possession of any dealer not mei'lin^- the requirements of this section shall be 
destroyed by said Oyster Comniissioner, Assistant Commissioner, or inspector. 

1903, c. 516, s. 12. 
be amended by inserting in fourth line, after "half inch in diameter," 
the words ''or provided with opening one-half inch in width from bot- 
tom chimb aronnd bottom of tnb." 
That section 

2418. Dealers to keep records. All persons engaged in buying, packing, 
canning, shucking, or shipping oysters shall keep a permanent record of all 
oysters either bought or eiiTight by them, or by persons for them, when and from 
whom bought, the numlicr of bushels and the price paid therefor. All these 
records shall at all times be open to the examination and inspection of the Oyster 
Commissioner, Assistant Oyster Commissioner, and inspector, and upon request 
shall be verified by the parties making them. 

1903. c. 51G, s. 5. 

remain as it is. 

That section 

2419. Purchase tax. All dealers in oysters and all persons who purchase 
oysters for canning, packing, shucking, or shipping shall pay a tax of one and 
one-half cents on every bushel of oysters purchased by thvm, or caught by them, 
or any one for them: Provided, that '"coon" oysters shall be taxed one-half a cent 
a bushel only; and no oysters shall be twice taxed. This tax shall bo paid to and 
collected by the inspectors, and when paid a receipt shall be given therefor. 
Upon failure or refusal by any person, firm, or corporation to pay said tax, his 
license as a dealer shall at once become mill and void, and no further license shall 
be granted him during the current year, and it shall be the duty of the Commis- 
sioner, Assistant Commissioner, or inspector to institute suit for the collection 
of said tax. Such suit shall be in the name of the State of North Carolina on 
relation of the Commissioner or of the inspector at whose instance sueli suit is 
instituted, and the recovery shall be for the benefit and to the use of the general 
oyster fund. 

1903. c. 516, s. 10; 1005, c. 507. 

remain as it is. 

That section 

2420. Vessels with oysters, when allowed to go through canals. No boat 
or vessel loaded with oysters shall be permitted by the inspectors of South Mills 
and Coinjoek to pass through the canals, which do not have a certificate showing 
that the cargo has been inspected and the tax paid thereon. 

1903, c. 516, s. 17. 

be amended so as to read : 

ISTo boat or vessel loaded with shell-oysters, except those in barrels, 
shall be permitted by the inspectors of South Mills and Coinjoek to 
pass through the canals. 



GO KEi'Oirr of committee on fishel'ies. 

That section 

2421. Shells scattered on oyster beds, The Oyster Commissioner is hereby 
empowered to expend onc-lialf of the balance to the credit of the oyster fund on 
tlie lifteenth day of April in each year for the purpose of buying oyster shells 
and scattering the same on tJie natural oyster grounds of the State during the 
months of April and May. 

1903, c. 510, s. 20. 
rciiuiin as it is. 
That section 

2422. Oyster funds kept separate, how paid out. The Treasurer of the State 
^liall keep all funds derived from the oyster industry separate and apart from 
(ither funds in the treasuiy and shall pay the same out only upon the warrant of 
(he Auditor, and the Auditor shall issue no warrant on said fund in payment of 
any claim unless the same shall have been first approved by the Oyster Commis- 
siduer. 

1!10.!, c. rAii. s. 20. 

be repealed if the new legislation regarding the Shcll-iish Conunis- 

sion is passed. 

That section 

2426. Catching oysters in Myrtle Grove Sound. If any person shall take 
or catch any oysters from Myrtle Grove Sound, from Perrines or Whitaker's 
Creek to the headwaters of said sound in Xew Hanover County, from the first 
day of ]\Iay until the first day of Septemlier, except for his own consumjition. he 
shall be guilty of a misdemeanor, and lined not more than fifty d(dlai-s or im- 
prisoned not more than twenty days. 

Code, s. 3428; 1883, c. 358, ss. 1, 2. 

l)e repealed. 

CLAMS. 

That section 

2423. Clams. If any person between the first day of April and the first day 
of November of any year shall take any clams from the waters of "Brunswick, New 
Hanover, or Pendi'r counties for the purpost- of sliipping, selling, marketing, or 
for bedding or pounding the same in any artificial bed, or if any person shall 
take or catch any oysters in the waters of Carlent ( 'ounty by dredging or scoops, 
or in any manner other than with the ordinary clam rake, or tongs, or if any 
mm-resident shall take or catcli any clams, lu' shall he guilty of a misdemeanor. 

1901. c. 113: 1S97, c. 333: 1899, c. 579: 1903. <•(•. 131. 414, 658, 732. 

be amended by snbstitnting in the fifth line and all that cdnies after 
from "or for bedding '" * * of a misdemeanor," the following: 
'"or if any person between the fifteenth day of May and Hrst day of 
October of any year shall take any clams from the waters ni Carteret 



REPORT OF COMMITTEE ON FISHERIES, 67 

County for the purpose of shipping, selling, marketing, or pcmixling, 
}>rovided this shall be permitted for the purpose of bedding the same, 
( ither on a natural or cultivated bed within the jurisdiction of N^orth 
Carolina : Provided, that in Newport River no clams whatsoever 
shall be taken from May fifteenth to October first; and, Provided, 
also, that no clams whatsoever are to be taken, shipped, sold, or mar- 
keted during the month of August; shall be guilty of a misdemeanor 
and be fined fifty dollars or imprisoned thirty days in jail. 

CULTIVATION OF THE OYSTER AND CLAM. 

The following legislation is recommended by the committee as 
being the most practicable for encouraging and stiimdating oyster 
and clam culture in North Carolina : 

Section — Shell-fish Commissioner can lease bottoms. The 

Shell-fish Commissioner shall have power to lease to any duly (quali- 
fied person, firm, or corporation, for purposes of oyster or clam cul- 
ture, any bottom of the waters of the State not a natural oyster-bed 
as defined in this act, nor a clam reservation as defined in this act, in 
accordance with the provisions of this law. 

Section .... Leasing of bottoms. Any citizeu of ^'orth Caro- 
lina or firm or corporation organized under the laws of tlu^ State and 
doing business within its limits shall be granted the ])rivilege of tak- 
ing up bottoms for purposes of oyster or clam culture under the pro- 
visions of this act of an area not less than one acre nor more than 
fifty acres, with the exception of the open waters of Pamlico Sound 
(and for the purposes of this act open waters of Pamlico Sound 
shall mean the waters that are outside of two miles of the shore line), 
in which the minimum limit shall be five acres and the maximum 
shall be two hundred acres: Provided, that the limit of entry in Core 
Sound, jSTorth River, JSTewport River, Bogue Sound, and all bays and 
creeks bordering on these waters, and in Jones Bay, Rose Bay, Abels 
Bay, Swan Quarter Bay, Middle Bay, Bay River, Deep Bay, Juniper 
Bay, West and East Bluft' Bays! Wysocking Bay, Fire Creek, 
Stumpy Point Bay, Mouse Harbor Bay, Maw Bay, and Broad Creek 
tributaries of Pamlico Sound, shall be one acre as a minimum and 
ten acres as a maximum: Provided furilier. however, that at the end 
of one year from the passage of this act that the minimum area in 
Core Sound, North River, Newport River, Bogue Sound, aud all 
bays and creeks bordering on these waters, and in Jones Bay, Rose 



68 EEi'ORT OF COMMITTEE ON FISIIEIilES. 

Bay, Abels Bay, kSwaii (Quarter Bay, Middle Bay, Bay lliver, Deep 
Bay, Juniper Bay, We^^t and East Bhiii' Bays, Wysocking Bay, Fire 
Creek, Stumpy Point, Mouse Harbor Bay, and Maw Bay, and Broad 
Creek tributaries of Pamlico Sound, shall be one acre and the maxi- 
mum fifty acres; but no person, firm, corporation, or association shall 
severally or collectively hold any interest in any lease or leases aggre- 
gating an area of greater than fifty acres, except in the open waters of 
Pamlico Sound, where the aggregate area shall be two hundred acres. 

Section .... Lease, how obtained. Such persons, firms, or cor- 
porations desiring to avail themselves of the privileges of this act 
shall make written a})plicatiun on a form to be prepared by the 
Shell-fish Commissioner, setting forth the name and address of the 
applicant, describing as definitely as may be the location and extent 
of the bottom for which application is made, and re([uesting the sur- 
vey and leasing to the applicant of said bottom. As soon as possible 
after the application is received the Shell-fish Commissioner shall 
cause to be made a survey and map of said l)ottom at the expense of 
the applicant. The Shell-fish Commissioner shall also thoroughly 
examine said bottoms by sounding and by dragging thereover a chain 
to detect the presence of natural oysters. Should any natural oysters 
bo bnind, tlu' ( V;>mmissioner shall cause examination to be made to 
ascertain the area and density of oysters on said bottom or bed to 
determine whether the same is a natural bed under the definition 
contained in this act. He shall be assisted in this examination on 
tonging ground by an expert tonger to ho a})pointed by the Board of 
County Commissioners of the county in which said l)ottom or the 
greater portion thereof is located, and the question as to whether the 
oyster growth is sufliciently dense to fall within the definition of the 
natural l)od shall be determined by the quantity of oysters which the 
said expert tonger may be able to take in a s])ecified time; and on 
dredging-ground the Commissioner shall be assisted by an expert 
dredger, appointed by the Board of (Jounty (Commissioners of the 
county in which said bottom or the greater portion thereof is located, 
and the <|uestion as to whether the oyster growth is sufiiciently dense 
to fall within the definition of the natural b(Ml shall be determined 
by the quantity of oysters which the said expert dredger may he able 
to take in a specified time. The Shell-fish Commissioner shall re- 
<|uire the bodies of bottoms applied for to be as compact as ])Ossible, 
taking into consideration the shape of the body of water and the 



KEPOKT OF COMMITTEE OK FISHEEIES. 



69 



consistency of the bottom. No application shall be entertained nor 
lease granted for a piece of bottom within two hnndred yards of a 
known natnral bottom, bed, or reef. A deposit of ten dollars will be 
required of each applicant at the time of making his application, said 
Slim to be credited to the cost of the survey of the bottom applied for. 

Section .... Marking and staking of leased bottoms. Imme- 
diately upon the completion of the survey and the mapping thereof 
and the payment by the applicant of the cost of said survey and map, 
the Shell-tish Commissioner shall execute to the applicant, upon a 
form approved by the Attorney-General of the State, a lease for the 
bottoms applied for. A copy of the lease, map of the survey, and a 
description of the bottom, dehning its position, shall be tiled m the 
ofhce of the Shell-fish Commissioner. After the execution of said 
lease, the lessee shall have the sole right and use of said bottoms, and 
all shells, oysters, and cultch thereon, or placed thereon, shall be his 
exclusive property so long as he complies with the provisions of 
this law. The lessee shall stake olf and mark the bottoms leased in 
the manner prescribed by the Shell-fish Commissioner, and failure 
to do so within a period of thirty days of an order so to do issued by 
the Commissioner shall subject said lessee to a fine of five dollars per 
acre for each sixty days' default in compliance with said order. The 
corner stakes, at least, of each lease shall be marked with signs 
plainly displaying the number of the lease and the name of the 
lessee. The lessee shall within two years of the commencement of his 
lease have planted upon his holdings a quantity of shells equal to an 
average of fifty bushels of seed oysters or shells per acre of holdings, 
and within four years from the commencement of his lease, a quan- 
tity of oysters or shells equal to an average of not less than one hun- 
dred and twenty-five bushels per acre. The Oyster Commissioner 
shall, upon granting any lease, publish a notice of the granting of 
same in a newspaper of general circulation in the county wherein 
the bottom leased is located. 

Section .... Term of lease, rental. All leases nuide under the 
provisions of this act shall begin upon the issuance of the lease and 
shall expire on the first day of April of the twentieth year thereafter. 
The rental shall be at the rate of one dollar per acre per year for the 
first ten years and two dollars per acre per year for the next ten years 
of the lease, payable annually in advance on the first day of April 
of each year : Provided, that in the open waters of Pamlico Sound — 



iO ijEPORT OF co.^r.^rITTEE on fisheries. 

ami t'fjr ilie purposes of this act the open waters of Pamlico Sound 
shall mean the waters that are outside the two miles of the. sliore line — 
the rental shall be at the rate of lifty cents per acre per year for the 
tirsi three years ; one dollar ])er acre per year for the next seven years ; 
au(i Iwo dolhirs jier acre }>er year for the next ten years of the lease. 
Idiis rental shall he in lieu of all other taxes and imposts whatever 
am! shall be considered as all an<l the only taxation which can be im- 
])osr<l l)y the State, counties, municipalities, or other subordinate 
j)oliti('al l>o(lics. The rental fVir the first year shall be paid in advance 
to an amount proportional to the unexpired part of the year to the 
hrst of April next succecclino-. 

Section — Transfer of lease, inheritance of lease. The said 

lease shall he hei'itable and transferable, in whole or in jtart, provided 
the (puditicatious of the heirs and transferees are such as are 
describe<l by this act. I^on-resideuts ac([uiring' l»y iidieritance or 
process sale, (U- jjcrsous already holding the maximum area permitted 
l)y this act, shall within a period of twelve months from time of 
ac(]uisiti(:tn dispose of said prohibited or excess of holding,' to some 
qualified person, firm, or corporation, under ]H'nalty <d' forfeiture. 
Tlu' lease shall l)e subject to mortgage, pledge, seizure for debt, and 
the same other transactions as are other property rights in I^ortli 
Cai'olina. Xo transfer shall be of effect, unless of court record, until 
en1ei'e<] on the books of the Shell-fish Commissioner. 

Section .... Re-leasing of bottoms. The lerm of each lease 
granted under the ])rovision oi this act shall be for a period of twenty 
years from the first day of April preceding the date of granting of 
said lease. At the expiration of the first lease tlie lessee. ui)on making 
written application on the prescribed form, shall be entitled to suc- 
cessive leases on the same terms as a])])lie(l to the last ten years of the 
first lease, for a period not exceeding ten years each. 

Section .... Forfeiture of lease. The failnre to ])ay the rental 
of l)ottoms leased fVir each year in advance on or IxdVtre the tirst day 
of A]>ril or within thirty days thereafter shall //hso fdc/o cancel said 
lease and shall forfeit to the State the said leased bottoms and all 
oysters thereon, and upon said forfeiture the Shell-fish Commissioner 
is hereby authorized to lease the said bottoms to any (pialified a]:)pli- 
caut therefor: Provided, that no forfeiture shall be valid, however, 
under the ]U-ovisions of this section, unless thi-re shall have been 



REPORT OF COM:\riTTEE ON FISHERIES. 71 

mailed by the Shell-fisli Commissioner to the last address of the lessee 
upon the books of the Commissioner a thirty days' notice of the ma- 
turity of said rental. 

Section .... Title secure. If any person within four months of 
the publication of the notice of granting of any lease make claim that 
a natural oyster bottom, bed, or reef exists within the boundaries of 
said lease, he shall under oath state his claim and request the Shell- 
fish Commissioner to cancel said lease: Provided, Iwwevcr, that each 
such claim and petition shall be accompanied by a deposit of twenty- 
five dollars. JSTo petition uiuiccompanied by said deposit shall be 
considered by the Commissioner. The Shell-fish Commissioner shall 
in person examine into said claim, and if the decision should be 
against the claimant, the deposit of twenty-five dollars shall be for- 
feited to the State and deposited to the credit of the Shell-fish Com- 
mission fund. Should, however, the claim be sustained and a 
natural bed be found within the boundary of the lease, the said natu- 
ral bed shall be surveyed and marked with stakes or buoys at the 
expense of the lessee, and the said natural IhmI be thrown open to the 
public fishery. If no such claim be presented within a period of four 
months, or if when so presented it fail of sid>stantiation as provided, 
the lessee shall thereafter be secure from attack on such account and 
his lease shall be incontestable so long as lie comi)lies with the other 
provisions of this act. In each and every such case the decision of the 
Shell-fish Commissioner shall be subject to review an<l a])|)eal before 
a Judge of the Superior Court, who shall render a decision without 
the aid of a jury, and his decision shall be final. 

GENERAL SHELL-FISH LAWS. 

Section .... The State of jSTorth Carolina shall exercise exclusive 
jurisdiction and control over all the shell-fisheries of the State 
wherever located, whether these fisheries be for <ivsters, clams, scal- 
lops, or any other moUusca whatever. 

Section .... All these acts relating to the fish, oyster, and clam 
are to be efiective as soon as they have be('U ratified. 

Section .... Delivery of oysters without inspection, if any 

boatman shall deliver oysters to any one Ix^'ore they have been in- 
spected by the inspector, he shall be guilty of a misdemeanor, and 
fined not less than fiftv dollars: Provided, that in case the boatman 



i "Ji KKl'OKT OF COMMITTEE ON FISHERIES. 

is imable to tiiid the inspector, he (the boatman) can deliver the 
oysters and report to the inspector afterwards, but witliin forty-eight 
honrs of delivery of oysters. 

If the act creating the Shell-fish Commission is passed by tlie Leg- 
islature, then all reference to Oyster Commissioner or Deputy Oyster 
Commissioner in any act shall be changed to read Shell-fish Connnis- 
sioner and Dcpnty Shell-fish Commissioner respectivcdy. 

The abu\-e recommendations are respectfnlh' submitted by the com- 
mittee. 

J. J. Laughingiiouse, 
M. B. GowDY, 

J. B. COFFIELD, 
W. O. LUPTON, 
T. II. SlIEPARD, 

W. A. Sauxdees, 
W. E. Swindell, 

II. F. MOOEE, 

W. M. Webb, 

B. AV. Smith. Hvcnturxi. 

Joseph Hyde Bi;att, 

(jhn'wman. 



[LETTER OF ENDORSEMENT. | 

^rpnrtittrift iif (Enitiincrrr nixii ^nbur 

BUREAU OF FISHERIES 

•lUrtsljiit^tint 

October 27, inOG. 
Dr. Joseph Hyj)k Pratt, 

Cltainiuni Voiinnltlvc on FishrrUs of Nortli ('(iroliiid, 
Chapel Hill, .V. ('. 
,SIR: 

The preliminary draft of tlie report ami recomim'mlalions of tlie committee 
appointed by the Governor of Nortli t'arolina to coiisidrr tlie Icoislatixc require- 
ments of the oyster and fishery industries of that State has been received and 
examined at this office. The experience of this Bureau in its fish-cultural opera- 
tions and in the numerous investigations of various character which it has 
conducted from time to time in the waters of North ('amliiia has ini'iressed it 
with the imperative need of a thorouph i-cvisidn and ciiforciMiii'iit id' the laws 
relating to the lisherii's in general, but especially tho-c ap])lving to shad and 
oysters. During tlie jiast ten years this Bureau has expended many thousands of 
dollars in the hatching of shad in th(> waters of North t'arnlin-i. and during that 
period has j)lanted about tw(v hundred millinn fry, most, of which were deri\'ed from 
without the State, the local yield of eggs being insufficient fnr r: nuirements. The 
magnitude of this work and its measure of success depend upon the number of 
ripe fish reaching the spawning-grounds during the seastJii in which the physical 
conditions of the rivers are favorable to the maturation ;nid development of the 
eggs. The spawning-grounds are all in the upper ^\•aters and the fish will not 
ripen in the saline water of the sounds. The fish caugld on nr neui- the natural 
spawning-grounds are in large part utilized in the fish-cultural operations of tliis 
Bureau, but those taken in tbe lower sounds are an alisolute loss reproductivcly. 
It would be an injustice, however, to prohiliit or unduly restrict the fisheries in 
the sounds, and such interference with a valuable and legitimate industry is 
entirely foreign and antagonistic to the purposes of this r>iireau ; liut it is believed 
that the very existence of tlie shad fisheries in l.'oth the sounds and the rivers 
depends upon permitting a proper projHirtion of mature fish to ascend the streams. 
Lfnder the regulations until recentlj^ in force this essential was impossible of 
realization. Not only has the amount of apparatus fished been in excess of that 
which the reproductive capacity of the several species would permit, but the nets 
have been set in such manner and in such places that .iccess to the spawning- 
grounds was in birge measure prevented, and the fish were eithQr caught before 
they were ripe or were retarded and h(dd in the sounds until the season had passed 
when the process of reproduction could be successfully i>erformed. Tlie Buieau 
observes with satisfaction that these matters were given cnreful consideration by 
the committee, and that esi)ecially in the proposed modification of the Vann law 
and the restriction of the open seasons to conform with loci I requirements an 
attempt was made to give access to tbe spawning-grounds to a larger proportion 
of the fish coming from tlie sea. The Bureau's representative on the committee 
has made certain verbal changes in the rough draft, which, it is believed, make 
clearer and more specific the intent of the board, and with these changes the 



74 , EEPuirr or committek ox fisiiekies. 

articlos referred to are reoarded witli apin-oval. ^Yere there no e-<taldi>hed 
lislierio ill the lower soviiids, somewiiat iiii;re rilioroTis restrielion- niii:lit be 
advcx-ati'il : liut those ])ersoiis already eiiya.iitHl in the industry are ciililk'd to 
eiinsideration and tlieir interests slionhl be |u-(i1eeted so far as is ( (unpat iide witli 
the ]ier)ietiiatiou of the fisheries. Tlie ainoiint of apparatus now in u-e sliouhl 
he regarded as the :ip])roxiniate niaxiiiiiun for some years to ennie. and any 
ini-rease over tlial enijdoxcd in tlie spring of 1!)0() shonhl lie rei;ardcd as ininiieal 
to the liest iiderests (jf the State. The reconiniendal ions eoncrrninL;- llir appoint- 
ment of a Fish ( 'ommissioner, ehariicd s|ieeific.i]ly with the execution of the 
lishery laws, are strictly in accord witli ]ire\ious recommendations of this Bureau. 
Jt is essential for Ihe proper execution of the laws, the ,i;-uidance of future legisla- 
tion, and the investigation of the many proldems relating to Ihi' Hsheries. that 
there should lie a definite organization for the jnirjiose. and as di\ided or local 
jurisdiction o\cr the hsheiies has nexcr been satisfactory, this organization 
shonhl operate nnder tlie general authority of the State. Should the recommenda- 
tions be enacted into law, it is believed that the State will s<ion feed the benefit. 

No less important is the ]iroposed reorgaiuzation of the ()yster <'onunission and 
its functions, and the new laws and amemlnients i-econunrnded meet with the 
liearty endorsement of this Bureau. The oyster industry of the Stale can never 
reach its legitimate development, except through the enactment and idgorous 
enforcement of laws protecting the ]inblic oystcr-beils and rstaldishing jirivate 
o\-ster culture upon a secure foundation, the two purposes being in no manner 
antagonistic, but rather mutually dependent. The recommendations ]iroposed by 
the Board ajijiear to cover the requirement-. The natural beds ai-e pr<iteeted on 
the one hand from injudicious and destructive methods of oystering. and cin the 
otiier are ]ireserved inviolate from private acquisition and maintained f.aever as 
a common possession for all idtizens of the State who may lontply with reasonable 
regulations. The judvisions relating to oyster cidture jiermit the 1 M-ing under 
reasonably generous conditions of otherwis(> unproductive and useless bottom, 
and they establish in a satisfactory maiuier the secure 1(nure of the leases so 
granted, while ex(duding iirivate entry iqion bottom whicdi should of right lie a 
common fishery. The matter of a -ecui'(> tennie of tlie lea.sehohls is essential to 
the success of anv attempt to inaugurate oyster culture in the State, and should 
be iealously safeguarded. The Bureau recommends the enactment of the oyster 
laws substantially as set forth in the rrpoi-t and believes that >ucli action will 
result in material financial benefit to the Slate and its citizens. 

While there are some minor features and inconsi^tencie- in the recommenda- 
tions, to which exception migiit be taken, es|ieeially in those relating to the 
lisheries proper, the Ibireau strongly recommends the jiassage of laws in general 
confornnince with the rejiort. The committe.. represented nnuiy confiicting 
interests, all worthy of consideration, and its reeonnnendat ions should lie consid- 
ered collectively rafliei- than severally and as embodying those suggestions whicri 
if put in etl'ect w<iuld do most good and least har;u to the general interests of the 
State. Any material dejiarlure from the lines laid down by the committee may 
precipitate a coidlict of interests which would destroy the harmonious under- 
standing which the a]ii)oiidment of tlie board was designed to bring about. 

It is ajipareiit from the report Uiat the committee did not consider it its 
funi'tion to oo into the details of law-making, and in reconunending new legisla- 
tion and the retention, repeal, and modification of old laws, there are naturally 
some inconsistencies, duplications and contradictions. In the interests of clear- 



REPORT OF COMMITTEE ON FJSlIEIilKS. TT) 

iiess and brevity, the Bureau trusts tliat tlie report will be placed in competent 
hands, that a general or codifie.l law may be drawn coverino- the recommendations 
made and repealing such acts or parts of acts as may be in conllict therewith. 

The Bureau will watch with interest the progress of this elVort to provide 
more satisfactory lishery laws in North Carolina, and stands ready to co-operate 
in furtherance of the work of your commiKee. 

Ivespectfully, 

11. M. Smith, 
Act nig Com niiSKioncr. 



PUBLICATIONS 

OK THK 

NORTH CAROLINA GEOLOGICAL AND ECONOMIC SURVEY. 



BULLETINS. 



1. Iron Ores of North ('aroliii:i. hy Henry B. C. Nitze, 189:',. 8°. 239 pp., 20 
pi., and map. Postniic Jii ciiits. 

2. Building Stone in North Carolina, by T. L. Watson and F. B. Laney in 
w)llal)orati(m witli (icoryc P. Merrill. IDOfi. S'. I'S;? ))]).. ■.]•! ].!., ■> fii^s. Pof^taf/c .^-l 
cents. Cloth-hotiml coi>}i '>() cents c.rlni. 

?>. (iold Deposits in North Cai'olina, l)y Henry I'.. ('. Nit/c and (Jeorge B. 
Ilanna, 1896. 8°. V.W, pji.. 14 jil.. and map. Out of print. 

4. Road Material and Koad Constrnetion in North CaniUna, by .7. A. Holmes 
and William Cain. 189;i 8°. 88 p]>. Out of print. 

"). The Forests. Forest Lands and Forest Products of Eastern North Caro- 
lina, by W. W. Ashe. 1894. 8°. 128 pp.. 5 ]d. Po.stafic r, cents. 

(■>. The Timber Trees of North Carolina, by Ciffoivl TMni-hot and \V. W. Ashe, 
]S!)7. 8^ 227 It]).. 22 jd. Postniie 10 cents. 

7. Forest Fires: Their Destructive Work, Causes ;uid Prevention, by W. W. 
Ashe. 1895. 8°, 0(1 pp., 1 pi. Postage ■'> cents. 

8. Water-powers in North Caridina. by (ieor.i,'c V. Swain. .loscjih A. IIoliiics 
and E. W. Myers, 1899. 8°. 362 pp.. 16 pi. Postage 16 cents. 

9. Monazite and ]Monazite Deposits in North Carolina, l)y Henry B. C. Nitze, 
1895. 8°, 47 pp., 5 pi. Postat/e '/ cents. 

10. Gold Mining in North Carolina and other A|ipalachian States, by Henry 
P.. C. Nitze and A. J. Wilkins. 1897. 8°, 164 pp.. 1(» pi. Postmje 10 cents. 

11. Corundum and the Basic Magnesian Rocks of Western North Carolina. 
by J. Volney Lewis. 1895. 8°, 107 pp., 6 pi. Postage '/ cents. 

12. Drinking-water Supjilies in North Carolina. b\ .To.-pph .V. Holmes. /;/ 
preparatio)i. 

13. Clay Deposits and <'l;iy Industries in North Cai-olina. by Ileinrich Reis. 
1897. 8°, 157 pp., 12 pi. Postage 10 cents. 

14. The Cultivation of the Diamond back Terrajiin. by R. E. Coker. 1906. 
^°. 67 pp., 23 pi., 2 tigs. P(j.'<t((gc (> t-nils. 

15. Mineral Waters of North Carolina, by F. P. Ven.tble. In press. 

16. A List of Elevations In North Carolina, Ity .f. .\. Holmes and E. W. 
Myers. I)i preparation. 

17. Historical Sketch of Nortli Carolina Scientific and Economic Stu'veys : 
and Bibliography of North Carolina Geology. Mineralogy and N.-itural History, 
by .7. A. Holmes and L. C. Glenn. Fn preparatiryn. 

18. Road ^Materials and Construction, liy .Toseph A. Holmes .iiid William 
C.ain. ])t preparation. 

19. The Tin Deposits of the Carolinas. by .losejdi Hyde Pratt and Douglass 
I^.. Sterrett. 1905. 8°. 64 iip., 8 Hgs. Postage J, een4.s. 

2(1. The I.oldolly Piue in Eastern North Carolina, by W. \V. Ashe. //; prepa- 
ration. 

KCONO.MIC P.'^PERS. 

1. The Maple-Sugar Industry in Western North Carolina, by W. W. Ashe, 
1897. 8°, 34 pp. Postage 2 cents. 



78 



I'nr.iJCA'j'io.vs OF 1M1I'; si-i;\M:v. 



•_'. R(>c<'iit i;(i;i(l Lci^'ishilioii ill N(irtl) (';ii-(iliii;i. by J. A. ITolnies. Out of 
/iriiil . 

:;. T.-ilc- ■•Hid l'yr(i]ili\i]it(' Deposits in Norlli < ';ii-olin;i. Ity Josf'iih Tlydo Pi'att. 
I'.HH). 8°, 2!) p])., 1' maps. I'osturje 2 cents, 

4. 'I'lie Miniii.tc Industry in North Carolina During IIKXI, hy Joscpli Hyde 
I^ratt, 1901. 8°. ot! \*\\.. and map. I'oxlin/c 2 cents. 

.'). Uoad Laws of Nortli Carolina, by J. A. Iodines. Out of print. 

('.. The ]\Iininij Industry in Nortli Carolina During l!l(»l, by Joseph Hyde 
I'rall. 1'.M»-_'. ,S". l(i-_> ],]). fostuge ', cents. 

7. Mining Iiiduslry in Nortli Car(dina During 10(12, by .Tosejih Hyde Pratt. 
\'.HK',. S". L'T i)p. t'ostdpe 2 cents. 

5. The Mining Indiisliy in North Candina During r.xc!. by .Tos(»idi llyd«' 
Pratt. irKM. 8". 74 pp. J'osf(i</e ', cents. 

'.I 'i'he Mining Industr,\' in North ("aidlina During I'.KM. by Jeseiih Hyde 
I'r:iti. l'.it;.">. 8'.;ir)p]i. I'ostniie ) cents. 

id. Oyster ('nllure in .\ortli Carelina. by Kuliert !•;. <'i)i;ei\ T.Mi."). S". WW pp. 
I'lislinic 2 eeiils. 

11. The .Mining Industry in Nerfli ('areliua Dnriui; I'.KCi. b.\- Joseph Hyde 
Pratt. I'.km;. In iireiniralion. 

\2. Investigations IJelative to tlie Shad Fishei'ies of Xdi'th Carolina, by John 
\. ( Vl)b. I'.IOII. S '. 7-! pp.. S tn:ips. I'(,.s!,ifi<- li mils. 

I.'l. hi'pcrl lit' ( 'niiiinil ii'i' nil l''isiici ics in .Nnrlli ('aniliii:\. ( '(liiipiii'il liy Jtiscpli 
lly<ic I'rnll. i'.Hli;. S". 7S pp. l'usfa</<' ', (-(ills. 



UKrolMS ox RKSOURCES. 

A'ol. 1. Corundum and tlie Paste Magnesian Perils in Western North ("ari 
liii:i. by .luM.pli liydc l'r:i1t ^iml J. \'e!iicy Lewis. l-.M!.".. s\ -|t;i pp.. I! pi 
'■>■'> li.lis. I'<,sl,i,i, .12 niils. Cl.i/Ii-hi'iiml cupii .',11 crii/s i:,h'i. 

\'<i\. ■_'. I'^ish ;iiid I'isheries in Xortli Carolina. Iiy II. .M. Smith. /// /ii-ess. 

\'i'\. :',. \li-i-cll;lllc(Mls Millciv! Prsuurrcs in \..|lll Cu<;lin!. b\ .b.-cpli li\. 

Prall. /;/ i)r< jki nil ioii: 



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